TITLE 22. EXAMINING BOARDS

PART 6. TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS

CHAPTER 131. ORGANIZATION AND ADMINISTRATION

The Texas Board of Professional Engineers and Land Surveyors (Board) proposes amendments to 22 Texas Administrative Code, Chapter 131, regarding organization and administration of the board, and specifically §131.15, relating to Committees, and §§131.101, 131.103, 131.107, 109, and 131.111, relating to Engineering Advisory Opinions. Also, as part of this rulemaking, the Board proposes to reorganize the subchapters within Chapter 131 and correct an error that resulted in there not being a Subchapter F within Chapter 131. These proposed changes are referred to as "proposed rules."

BACKGROUND AND SUMMARY

The rules under 22 Texas Administrative Code, Chapter 131 implement Texas Occupations Code, Chapter 1001, the Texas Engineering Practice Act and Texas Occupations Code Chapter 1071, the Professional Land Surveying Practices Act. The proposed rules are necessary to implement the provisions of Senate Bill 1259, 89th Regular Session, specifically to address the operation of the surveying advisory committee and the ability of the Board to now offer advisory opinion on both engineering and surveying issues. The proposed rules also clarify existing Board rules.

SECTION-BY-SECTION SUMMARY

The proposed rules amend §131.15 clarify that committees of the board meet as needed rather than as required and clarify that the Policy Advisory Opinion Committee may consider matters relating to both the Texas Engineering Practice Act and the Professional Land Surveying Practices Act. In addition, the proposed rules clarify that the Surveying Advisory Committee may prepare a written report or recommendation to the board on a surveying-related subject regulated by the board and that a written record of each topic discussed at a Surveying Advisory Committee meeting shall be kept and made available to the public.

The proposed rules also amend rules about the Advisory Opinion Process to implement amendments that were part of Senate Bill 1259.

Specifically, proposed §131.101 is amended to clarify the Board may issue an advisory opinion on the Texas Engineering Practice Act, the Professional Land Surveying Practices Act, or board rules.

Proposed §131.103 is amended to eliminate a specific reference to only engineering advisory opinions and to require that advisory opinions must include the name of the requestor. The Board has encountered issues where advisory opinion requests have been received anonymously and it is not clear what issues the opinion requestor is seeking to address. By requiring the name of the requestor, the board can reach out for clarification when needed.

Proposed §§131.107, 131.109, and 131.111 are amended to make clear these sections apply to all advisory opinions under the board's jurisdiction rather than just engineering advisory opinions.

The Board also proposes adjusting the subchapters within Chapter 131. The Board proposes a new Subchapter E to be titled Fiscal Matters that will contain §§131.61 and 131.63. The previous Subchapter E, entitled Cooperative Agreements, will be shifted to new Subchapter F, which is currently not in use. The rules within the Cooperative Agreements subchapter will remain unchanged: §§131.71 and 131.73. The Board proposes to rename Subchapter H from Engineering Advisory Opinions to only Advisory Opinions to account for Senate Bill 1259, which allows the Board to now issue advisory opinions on both engineering and surveying issues. Finally, the Board proposes a new Subchapter I to be entitled Alternative Dispute Resolution. §131.113 will move from Subchapter H to the new Subchapter I.

FISCAL IMPACT ON STATE AND LOCAL GOVERNMENT

Lance Kinney, Ph.D., P.E., Executive Director for the Board, has determined that for each year of the first five years the proposed rules are in effect, there are no estimated additional costs or reductions in costs to state or local government as a result of enforcing or administering the proposed rule.

Dr. Kinney has determined that for each year of the first five years the proposed rules are in effect, there is no estimated increase or loss in revenue to the state or local government as a result of enforcing or administering the proposed rule.

LOCAL EMPLOYMENT IMPACT STATEMENT

Dr. Kinney has determined that the proposed rules will not affect the local economy, so the agency is not required to prepare a local employment impact statement under Government Code §2001.022.

PUBLIC BENEFITS

Dr. Kinney has determined that for each year of the first five-year period the proposed rules are in effect, the public benefit will be clarification of rules to be consistent with updated statutes.

PROBABLE ECONOMIC COSTS TO PERSONS REQUIRED TO COMPLY WITH PROPOSAL

Dr. Kinney has determined that for each year of the first five-year period the proposed rules are in effect, there are no anticipated economic costs to persons who are required to comply with the proposed rules because no new requirements are part of the proposed rules.

FISCAL IMPACT ON SMALL BUSINESSES, MICRO-BUSINESSES, AND RURAL COMMUNITIES

There will be no adverse effect on small businesses, micro-businesses, or rural communities as a result of the proposed rules. Since the agency has determined that the proposed rules will have no adverse economic effect on small businesses, micro-businesses, or rural communities, preparation of an Economic Impact Statement and a Regulatory Flexibility Analysis, as detailed under Texas Government Code §2006.002, is not required.

ONE-FOR-ONE REQUIREMENT FOR RULES WITH A FISCAL IMPACT

The proposed rules are not subject to the requirements of Government Code §2001.0045 because the Board is a self-directed, semi-independent agency. Additionally, the proposed rules do not impose a cost on regulated persons, including another state agency, a special district, or a local government. Therefore, the agency is not required to take any further action under Government Code §2001.0045.

GOVERNMENT GROWTH IMPACT STATEMENT

Pursuant to Government Code §2001.0221, the agency provides the following Government Growth Impact Statement for the proposed rules. For each year of the first five years the proposed rules are in effect, the agency has determined the following:

1. The proposed rules do not create or eliminate a government program.

2. Implementation of the proposed rules do not require the creation of new employee positions or the elimination of existing employee positions.

3. Implementation of the proposed rules do not require an increase or decrease in future legislative appropriations to the agency.

4. The proposed rules do not require an increase or decrease in fees paid to the agency.

5. The proposed rules do not create a new regulation.

6. The proposed rules do expand an existing regulation by adding surveying to the board's advisory opinion, in order to be consistent with new legislative requirements.

7. The proposed rules do not increase the number of individuals subject to the rule's applicability.

8. The proposed rules do not positively or adversely affect this state's economy.

TAKINGS IMPACT ASSESSMENT

The Board has determined that no private real property interests are affected by the proposed rules and the proposed rules do not restrict, limit, or impose a burden on an owner's rights to his or her private real property that would otherwise exist in the absence of government action. As a result, the proposed rules do not constitute a taking or require a takings impact assessment under Government Code §2007.043.

ENVIRONMENTAL RULE ANALYSIS

The Board has determined that the proposed rules are not brought with the specific intent to protect the environment or reduce risks to human health from environmental exposure; thus, the Board asserts the proposed rules are not a "major environmental rule," as defined by Government Code §2001.0225. As a result, the Board asserts preparation of an environmental impact analysis, as provided by §2001.0225, is not required.

PUBLIC COMMENTS

Any comments or request for a public hearing may be submitted, no later than 30 days after the publication of this notice, to Lance Kinney, Ph.D., P.E., Executive Director, Texas Board of Professional Engineers and Land Surveyors, via email to rules@pels.texas.gov; via mail to 1917 S. Interstate 35, Austin, Texas 78741, or faxed to his attention at (512) 440-0417.

SUBCHAPTER B. ADMINISTRATION AND THE BOARD

22 TAC §131.15

STATUTORY AUTHORITY

The proposed rules are proposed pursuant to Texas Occupations Code §§1001.201 and 1001.202, which authorize the Board to regulate engineering and land surveying and make and enforce all rules and regulations and bylaws consistent with the Texas Engineering Practice Act and the Professional Land Surveying Practices as necessary for the performance of its duties, the governance of its own proceedings, and the regulation of the practices of engineering and land surveying in this state.

SECTIONS AFFECTED

The proposed rules implement the following sections of the law: Texas Occupations Code §§1001.216 and 1001.601

§131.15. Committees.

(a) The board chair shall appoint the following standing committees, composed of four board members at least one of whom is a public member. A committee quorum shall consist of three members. Committee appointments shall be made by the chair for a term of up to two years but may be terminated at any point by the chair. Committee members may be re-appointed at the discretion of the chair. The board chair shall appoint a committee chair.

(1) General Issues Committee. The committee shall meet as needed [~~required~~] to evaluate issues and possibly develop proposed actions for the full board on issues of importance to the board and the professions. Such issues may include engineering or land surveying ethics, professionalism in practice, legislation, board management, and engineering or land surveying business issues.

(2) Licensing and Registration Committee. The committee shall meet no less than twice each fiscal year to evaluate issues and possibly develop proposed actions for the full board on licensing and registration issues. The committee may participate in activities such as evaluating rules concerning licensing of engineers; licensing and registration of land surveyors; evaluating education and continuing education program requirements; conducting personal interviews of applicants; evaluating applications; participating in national and international engineering and land surveying licensing and registration activities on the board's behalf; providing general guidance to the executive director on licensing and registration issues; and evaluating any other issue indirectly or directly relating to engineering or land surveying licensing and registration.

(3) Compliance and Enforcement Committee. The committee shall meet as needed [~~required~~] to evaluate issues and possibly develop proposed actions for the full board on enforcement issues. The committee may participate in activities such as evaluating rules concerning enforcement of the Acts; reviewing the progress of enforcement activities; suggesting sanctions for violations of the Acts; participation in national and international engineering and land surveying law enforcement activities on the board's behalf; providing general guidance to the executive director on enforcement issues; evaluating continuing education program requirements; and evaluating any other issue indirectly or directly relating to engineering or land surveying law enforcement.

(4) Policy Advisory Opinion Committee. The committee shall meet as needed [~~required~~] to review, prepare and recommend policy advisory opinions regarding the interpretation or application of the Engineering Act or the Surveying Act and to perform related activities pursuant to board approval. The committee shall follow the process and procedures for issuing advisory opinions as prescribed in Subchapter H of this chapter (relating to Advisory Opinions).

(5) Legislative Issues Committee. The committee shall meet as needed to consider legislative matters that may affect the practice of engineering and land surveying in the state. Pursuant to the Chapter 556, Texas Government Code, the committee shall not lobby or strive to influence legislation regarding the practice of engineering but meet to consider board responses to pending legislation and assist in answering related inquiries from the Texas Legislature, Governor or other state agency or governmental entity during the legislative session.

(b) - (c) (No change.)

(d) Advisory Committees. In accordance with §1001.216, the board shall appoint a Surveying Advisory Committee and may appoint other advisory committees.

(1) The Surveying Advisory Committee may, on its own initiative or at the request of any interested person, prepare a written report or recommendation to the board on any surveying-related subject regulated by the Board.

(2) The board shall maintain a written public record of each subject discussed and action taken at the Surveying Advisory Committee's meetings.

(e) (No change.)

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on October 1, 2025.

TRD-202503507

Lance Kinney, Ph.D., P.E.

Executive Director

Texas Board of Professional Engineers and Land Surveyors

Earliest possible date of adoption: November 16, 2025

For further information, please call: (512) 440-7723

SUBCHAPTER H. [~~ENGINEERING~~] ADVISORY OPINIONS

22 TAC §§131.101, 131.103, 131.107, 131.109, 131.111

STATUTORY AUTHORITY

§131.101. Subject of an Advisory Opinion.

On its own initiative or at the request of any interested person, the board shall prepare a written advisory opinion about:

(1) an interpretation of the Engineering Act, Surveying Act, or board rules; or

(2) the application of the Engineering Act, Surveying Act, or board rules to a person in regard to a specified existing or hypothetical factual situation.

§131.103. Request for an Advisory Opinion.

(a) A request for an advisory opinion shall include, at a minimum, sufficient information in order for the board to provide a complete response to the request. The requestor must provide the following, as applicable:

(1) requestor contact information including the name of the requestor;

(2) affected section(s) of the Engineering Act, Surveying Act, and/or board rules;

(3) description of the situation;

(4) reason the [~~engineering~~] advisory opinion is requested;

(5) parties or stakeholders that will be affected by the opinion, if known; and

(6) any known, pending litigation involving the situation.

(b) A request for an advisory opinion shall be in writing. A written request may be mailed, sent via electronic mail, hand-delivered[~~, or faxed~~] to the board at the agency office.

(c) A request for an advisory opinion may not be submitted anonymously. A request that does not include the information required in subsection (a)(1) of this section will be rejected and a response will not be prepared.

§131.107. Receipt, Review, and Processing of a Request.

(a) (No change.)

(b) Upon receipt of a request for an [~~engineering~~] advisory opinion, executive director will date stamp the request, issue an Advisory Opinion Request (AOR) [~~EAOR~~] tracking number, and make a preliminary determination on the board's jurisdiction regarding the request.

(h) When sufficient information exists, the policy advisory opinion committee shall draft an [~~engineering~~] advisory opinion and post the request and draft opinion on the agency website and in the Texas Register [~~Texas Register~~] for comments.

(i) Draft opinions shall be posted for at least 30 days and any interested person may submit written comments concerning an advisory opinion request. Comments submitted should reference the AOR [~~EAOR~~] number.

(j) (No change.)

(k) The full board shall review and adopt the [~~engineering~~] policy advisory opinion or determine if further revisions are required and refer the request back to the policy advisory opinion committee with guidance on proceeding with completing the request.

(l) Each final [~~engineering~~] advisory opinion adopted by the full board shall be published in summary form in the Texas Register [~~Texas Register~~].

(m) (No change.)

§131.109. Compilation of Advisory Opinions.

The board shall number and classify each final [~~engineering~~] advisory opinion issued and shall annually compile a summary of advisory opinions in a single reference document made available on the Board's website [~~Internet~~]. The executive director may also publish and provide copies of advisory opinions in other formats as may be in the public interest.

§131.111. Time Period.

The board shall respond to requests for an [~~engineering~~] advisory opinion within 180 days after the date the board receives the written request unless the board affirmatively states the board's reason for not responding to the request within 180 days or for not responding to the request at all.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on October 1, 2025.

TRD-202503508

Lance Kinney, Ph.D., P.E.

Executive Director

Texas Board of Professional Engineers and Land Surveyors

Earliest possible date of adoption: November 16, 2025

For further information, please call: (512) 440-7723

CHAPTER 133. LICENSING FOR ENGINEERS

SUBCHAPTER A. ENGINEER-IN-TRAINING

22 TAC §133.3

The Texas Board of Professional Engineers and Land Surveyors (Board) proposes an amendment to 22 Texas Administrative Code, Chapter 133, Subchapter A, regarding engineer-in-training, specifically §133.3 Engineer-in-Training Application and Certification.

BACKGROUND AND SUMMARY

The proposed rule amendment is related to the implementation of provisions of Senate Bill 1259 (89th Regular Session 2025), relating to the practice of surveying. Changes to §133.3 relate to the practice of engineering and mirror new language in §134.3 for clarity and parallel construction.

SECTION-BY-SECTION SUMMARY

The proposed rules amend §133.3 adds clarifying language to reflect current practice that an applicant must take and pass the Fundamentals of Engineering exam as a requirement to apply for Engineer-in-Training certification.

FISCAL IMPACT ON STATE AND LOCAL GOVERNMENT

Mr. Lance Kinney, Ph.D., P.E., Executive Director for the Board, has determined that for each year of the first five years the proposed rules are in effect, there are no estimated additional costs or reductions in costs to state or local government as a result of enforcing or administering the proposed rules.

Mr. Kinney has determined that for each year of the first five years the proposed rules are in effect, there is no estimated increase or loss in revenue to the state or local government as a result of enforcing or administering the proposed rules.

LOCAL EMPLOYMENT IMPACT STATEMENT

Mr. Kinney has determined that the proposed rules will not affect the local economy, so the agency is not required to prepare a local employment impact statement under Government Code §2001.022.

PUBLIC BENEFITS

Mr. Kinney has determined that for each year of the first five-year period the proposed rules are in effect, the public benefit will be clarification of application requirements for an Engineer-in-Training certification.

PROBABLE ECONOMIC COSTS TO PERSONS REQUIRED TO COMPLY WITH PROPOSAL

Mr. Kinney has determined that for each year of the first five-year period the proposed rules are in effect, there are no anticipated economic costs to persons who are required to comply with the proposed rules because no new requirements are part of the proposed rules.

FISCAL IMPACT ON SMALL BUSINESSES, MICRO-BUSINESSES, AND RURAL COMMUNITIES

ONE-FOR-ONE REQUIREMENT FOR RULES WITH A FISCAL IMPACT

The proposed rules do not have a fiscal note that imposes a cost on regulated persons, including another state agency, a special district, or a local government. Therefore, the agency is not required to take any further action under Government Code §2001.0045.

GOVERNMENT GROWTH IMPACT STATEMENT

1. The proposed rules do not create or eliminate a government program.

2. Implementation of the proposed rules do not require the creation of new employee positions or the elimination of existing employee positions.

3. Implementation of the proposed rules do not require an increase or decrease in future legislative appropriations to the agency.

4. The proposed rules do not require an increase or decrease in fees paid to the agency.

5. The proposed rules do not create a new regulation.

6. The proposed rules do not increase the number of individuals subject to the rule's applicability.

7. The proposed rules do not positively or adversely affect this state's economy.

TAKINGS IMPACT ASSESSMENT

ENVIRONMENTAL RULE ANALYSIS

PUBLIC COMMENTS

Any comments or request for a public hearing may be submitted, no later than 30 days after the publication of this notice, to Lance Kinney, Ph.D., P.E., Executive Director, by email to rules@pels.texas.gov or sent by postal mail to the Texas Board of Professional Engineers, 1917 S. Interstate 35, Austin, Texas 78741.

STATUTORY AUTHORITY

The proposed amendments are proposed pursuant to Texas Occupations Code §§1001.201 and 1001.202, which authorize the Board to regulate engineering and land surveying and make and enforce all rules and regulations and bylaws consistent with the Act as necessary for the performance of its duties, the governance of its own proceedings, and the regulation of the practices of engineering and land surveying in this state.

SECTIONS AFFECTED

The proposed amendments implement the following sections of the law: Texas Occupations Code § 1001.309.

§133.3. Engineer-in-Training Application and Certification.

(a) To become enrolled as an Engineer-in-Training (EIT), an individual must:

(1) have successfully passed the examination on the Fundamentals of Engineering;

(2) [~~(1)~~] submit an EIT application in a format prescribed by the Board;[,]

(3) [~~(2)~~] submit an official transcript in accordance with §§133.33 or 133.35 of this chapter (relating to Proof of Educational Qualifications);[,] and

(4) [~~(3)~~] pay the fee as established by the Board.

(b) A certificate as an engineer-in-training expires eight years from the date of issuance. Although the certificate has an expiration date, the records of the Board will indicate that an individual has passed the Fundamentals of Engineering examination and these records will be maintained in the file indefinitely and will be made available as requested by the individual or another licensing jurisdiction.

(c) The certificate may be renewed upon receipt of an application in a format prescribed by the Board and payment of the EIT certification fee established by the Board.

(d) Effective January 1, 2002, official transcripts will be kept on file and an EIT may request its use when filing the professional engineer application.

(e) If the applicant for EIT certification does not submit all documents required within 90 days of the original application date, the application shall expire and the applicant must reapply and pay a new application fee.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on October 1, 2025.

TRD-202503534

Lance Kinney

Executive Director

Texas Board of Professional Engineers and Land Surveyors

Earliest possible date of adoption: November 16, 2025

For further information, please call: (512) 440-7723

SUBCHAPTER B. PROFESSIONAL ENGINEER LICENSES

22 TAC §133.11

The Texas Board of Professional Engineers and Land Surveyors (Board) proposes an amendment to 22 Texas Administrative Code, Chapter 133, Subchapter B, regarding professional engineer licenses, specifically §133.11 Types of Licenses.

BACKGROUND AND SUMMARY

The proposed rule amendment is required to implement the provisions of Senate Bills 681 and 1080 (89th Regular Session 2025). In summary, SB681 requires the Texas Board of Professional Engineers and Land Surveyors (TBPELS) to change all Professional Engineer (PE), Registered Professional Land Surveyor (RPLS), engineering firm, and surveying firm renewals from an annual cycle to a 2-year cycle. SB1080 creates a requirement that the board provide for a provisional license for applicants with a criminal convictions according to Texas Occupations Code Chapter 53.

SECTION-BY-SECTION SUMMARY

The proposed rules amend §133.11 to remove language referring to an annual renewal to allow for the two-year renewal cycle and adds an option for a provisional license according to Texas Occupations Code Chapter 53.

FISCAL IMPACT ON STATE AND LOCAL GOVERNMENT

LOCAL EMPLOYMENT IMPACT STATEMENT

Mr. Kinney has determined that the proposed rules will not affect the local economy, so the agency is not required to prepare a local employment impact statement under Government Code §2001.022.

PUBLIC BENEFITS

Mr. Kinney has determined that for each year of the first five-year period the proposed rules are in effect, the public benefit will be implementation of SB681 and SB1080, including two-year renewals for licensees and a provisional license for applicants with a criminal history.

PROBABLE ECONOMIC COSTS TO PERSONS REQUIRED TO COMPLY WITH PROPOSAL

FISCAL IMPACT ON SMALL BUSINESSES, MICRO-BUSINESSES, AND RURAL COMMUNITIES

ONE-FOR-ONE REQUIREMENT FOR RULES WITH A FISCAL IMPACT

GOVERNMENT GROWTH IMPACT STATEMENT

1. The proposed rules do not create or eliminate a government program.

2. Implementation of the proposed rules do not require the creation of new employee positions or the elimination of existing employee positions.

3. Implementation of the proposed rules do not require an increase or decrease in future legislative appropriations to the agency.

4. The proposed rules do not require an increase or decrease in fees paid to the agency.

5. The proposed rules do not create a new regulation.

6. The proposed rules do not increase the number of individuals subject to the rule's applicability.

7. The proposed rules do not positively or adversely affect this state's economy.

TAKINGS IMPACT ASSESSMENT

ENVIRONMENTAL RULE ANALYSIS

PUBLIC COMMENTS

Any comments or request for a public hearing may be submitted, no later than 30 days after the publication of this notice, to Lance Kinney, Ph.D., P.E., Executive Director, by email to or sent by postal mail to the Texas Board of Professional Engineers, 1917 S. Interstate 35, Austin, Texas 78741.

STATUTORY AUTHORITY

The proposed rules are proposed pursuant to Texas Occupations Code §§1001.201 and 1001.202, which authorize the Board to regulate engineering and land surveying and make and enforce all rules and regulations and bylaws consistent with the Act as necessary for the performance of its duties, the governance of its own proceedings, and the regulation of the practices of engineering and land surveying in this state.

The proposed rules implement the following sections of the law: Texas Occupations Code §§ 53.0211 and 1001.351.

§133.11. Types of Licenses.

The board shall receive, evaluate and process all applications for licensure as a professional engineer received from individuals who assert through the application process that they meet the minimum requirements of §1001.302 of the Act. The board shall deny a license to any applicant found not to have met all requirements of the Act and board rules.

(1) Standard License. Standard licenses are fully renewable [~~annually~~] until such time as the board takes specific action to prevent renewal or in accordance with [~~the provision of~~] the Texas Engineering Practice Act [~~prevents renewal~~]. An application received and processed under the following sections will be considered a standard license:

(A) §133.21 of this chapter (relating to Application for a Standard License)

(B) §133.23 of this chapter (relating to Applications from Former Standard License Holders)

(D) §133.26 of this chapter (relating to Applications for Texas Licensure by License Holders in Another Jurisdiction)

(2) Temporary License.

(A) A temporary license holder shall be subject to all other rules and legal requirements to which a holder of a standard license is subject.

(B) After a temporary license has expired, a former temporary license holder may not apply for a subsequent temporary license.

(D) An application received and processed under the following sections will be considered a temporary license:

(i) §133.27 of this chapter (relating to Application for Temporary License for Engineers Currently Licensed Outside the United States)

(ii) §133.29 of this chapter (relating to Application for [~~Temporary~~] License for Military Service Members, Military Veterans, and Military Spouses [~~Who Are Licensed or Registered in Another State~~])

(3) Provisional License. The board may issue a provisional license in accordance with the provisions of Texas Occupations Code Section 53.0211 and may add any additional conditions the board finds necessary to ensure the health, safety, and welfare of the public [~~does not issue provisional licenses at this time~~].

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on October 1, 2025.

TRD-202503524

Lance Kinney

Executive Director

Texas Board of Professional Engineers and Land Surveyors

Earliest possible date of adoption: November 16, 2025

For further information, please call: (512) 440-7723

SUBCHAPTER C. PROFESSIONAL ENGINEER LICENSE APPLICATION REQUIREMENTS

22 TAC §133.29

The Texas Board of Professional Engineers and Land Surveyors (Board) proposes amendments to 22 Texas Administrative Code, Chapter 133, subchapter C, regarding professional engineer license application requirements, specifically §133.29, relating to Application for Temporary License for Military Spouses Who Are Licensed or Registered in Another State, including retitling the section to Application for Licensure for Military Service Members, Military Veterans, and Military Spouses.

BACKGROUND AND SUMMARY

The proposed rules are necessary to implement the provisions of House Bill 5629 (HB 5629) and Senate Bill 1818 (SB 1818), passed during the 89th Regular Legislative Session. Specifically, HB 5629 and SB 1818 require the Board to provide expedited licensure processes for military service members, military veterans, or military spouses that are currently licensed in another jurisdiction.

SECTION-BY-SECTION SUMMARY

The proposed rules amend §133.29 to implement the provisions of House Bill 5629 and SB1818. Specifically, the Board provides for expedited or streamlined processes for active-duty military service members, military veterans, or military spouses to be issued a license or to recognize their out-of-state license in accordance with the provisions of Texas Occupations Code, Chapter 55, relating to Licensing of Military Service Members, Military Veterans, and Military Spouses.

FISCAL IMPACT ON STATE AND LOCAL GOVERNMENT

LOCAL EMPLOYMENT IMPACT STATEMENT

Dr. Kinney has determined that the proposed rules will not affect the local economy, so the agency is not required to prepare a local employment impact statement under Government Code §2001.022.

PUBLIC BENEFITS

Dr. Kinney has determined that for each year of the first five-year period the proposed rules are in effect, the public benefit will be clarification of rules to be consistent with updated statutes.

PROBABLE ECONOMIC COSTS TO PERSONS REQUIRED TO COMPLY WITH PROPOSAL

FISCAL IMPACT ON SMALL BUSINESSES, MICRO-BUSINESSES, AND RURAL COMMUNITIES

ONE-FOR-ONE REQUIREMENT FOR RULES WITH A FISCAL IMPACT

GOVERNMENT GROWTH IMPACT STATEMENT

1. The proposed rules do not create or eliminate a government program.

2. Implementation of the proposed rules do not require the creation of new employee positions or the elimination of existing employee positions.

3. Implementation of the proposed rules do not require an increase or decrease in future legislative appropriations to the agency.

4. The proposed rules do not require an increase or decrease in fees paid to the agency.

5. The proposed rules do not create a new regulation.

6. The proposed rules do expand an existing regulation.

7. The proposed rules do not increase the number of individuals subject to the rule's applicability.

8. The proposed rules do not positively or adversely affect this state's economy.

TAKINGS IMPACT ASSESSMENT

ENVIRONMENTAL RULE ANALYSIS

PUBLIC COMMENTS

STATUTORY AUTHORITY

SECTIONS AFFECTED

The proposed rules implement the following sections of the law: Texas Occupations Code §§ 55.004 and 55.0041.

§133.29. Application for Licensure for Military Service Members, Military Veterans, and Military Spouses. [~~Application for Temporary License for Military Spouses Who Are Licensed or Registered in Another State~~]

(a) A military service member, military veteran, or military spouse, as defined in Texas Occupations Code §55.001, may apply for Standard Licensure in accordance with §133.21 of this Chapter, relating to Application for Standard License or, if applicable, by submitting an application in accordance with §133.26 of this Chapter, relating to Applications for Texas Licensure by License Holders in Another Jurisdiction. [In accordance with §55.0041, Occupations Code, a military spouse who is currently licensed in good standing by a jurisdiction with licensing requirements that are substantially equivalent to the licensing requirements in this state may be issued a temporary license.]

(b) As applicable, a military service member, military veteran, or military spouse who holds a current professional engineer license issued by another state that is similar in scope of practice to a Texas professional engineer license and who is in good standing with that state's licensing authority or who held a Texas professional engineer license within the five years preceding the application date under this subsection, may apply for alternative licensing in accordance with the provisions of Texas Occupations Code §55.004, relating to Alternative Licensing for Military Service Members, Military Veterans, and Military Spouses. [~~To be eligible for the confirmation described in Occupations Code §55.0041(b)(3), the military spouse shall provide the board:~~]

~~[(1) notice on a completed board-approved form, as required by Occupations Code §55.0041(b)(2) (relating to Application for Standard License);]~~

[(2) sufficient documentation to verify that the military spouse is currently licensed or registered in another jurisdiction and has no restrictions, pending enforcement actions, or unpaid fees or penalties relating to the license or registration;]

~~[(3) proof of the military spouse's residency in this state; and]~~

~~[(4) a copy of the military spouse's identification card.]~~

(c) As applicable, a military service member or military spouse who holds a current professional engineer license issued by another state that is similar in scope of practice to a Texas professional engineer license and who is in good standing with that state's licensing authority may submit an application to this board to request recognition of the out-of-state professional engineer license in accordance with the provisions of Texas Occupations Code §55.0041, related to Recognition of Out of State License of Military Service Members and Military Spouses, if: [The board will determine whether the licensing or registration requirements of another jurisdiction are substantially equivalent to the licensing or registration requirements set forth by the board. In determining substantial equivalency, the board will consider factors including education, examinations, experience, and enforcement history.]

(1) the military service member has been ordered to relocate to Texas, or

(2) the military spouse is married to a military service member who has been ordered to relocate to Texas.

(d) For the purposes of this subchapter, the Board considers professional engineer licenses issued by any U.S. state to be similar in scope of practice to the professional engineer license issued by this Board. [~~The board may not charge a fee for the license or registration as set forth in §133.21(d)(2) of this title (relating to Application for Standard License).~~]

[(e) Authority to engage in engineering or land surveying.]

[(1) An individual who receives confirmation from the board, as described in Occupations Code §55.0041(b)(3):]

[(A) may engage in the practice of engineering or land surveying only for the period during which the individual meets the requirements of Occupations Code §55.0041(d); and]

[(B) must immediately notify the board if the individual no longer meets the requirements of Occupations Code §55.0041(d).]

[(2) An individual is not required to undergo a criminal history background check to be eligible for the authority granted under this subsection.]

[(f) Temporary license.]

[(1) An individual who receives confirmation from the board, as described in Occupations Code §55.0041(b)(3), is eligible to receive a temporary license to practice engineering or a registration to practice land surveying issued by the Board if the individual:]

[(A) submits a completed application on a board-approved form; and]

[(B) undergoes and successfully passes a criminal history background check.]

[(2) A license or registration issued under this subsection expires annually and may be renewed twice, but expires on the third anniversary of the date the board provided the confirmation described in Occupations Code §55.0041(b)(3) and may not be further renewed.]

[(g) An individual who engages in the practice of engineering or land surveying under the authority, license, or registration established by this section is subject to the enforcement authority granted under Occupations Code, Chapter 51, and the laws and regulations applicable to the practice of engineering and land surveying.]

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on October 1, 2025.

TRD-202503540

Lance Kinney

Executive Director

Texas Board of Professional Engineers and Land Surveyors

Earliest possible date of adoption: November 16, 2025

For further information, please call: (512) 440-7723

SUBCHAPTER G. EXAMINATIONS

22 TAC §133.65

The Texas Board of Professional Engineers and Land Surveyors (Board) proposes an amendment to 22 Texas Administrative Code, Chapter 133, Subchapter G, regarding examinations, specifically §133.65 Examination on the Fundamentals of Engineering.

BACKGROUND AND SUMMARY

The proposed rule amendment is related to the implementation of provisions of Senate Bill 1259 (89th Regular Session 2025), relating to the practice of surveying. Changes to §133.65 relate to examinations required for licensure as a professional engineer and mirror the format of amendments in §134.65 for clarity and parallel construction.

SECTION-BY-SECTION SUMMARY

The proposed rules amend §133.65 to clarify that there are no prerequisites to sit for the Fundamentals of Engineering exam and that the board uses the National Council of Examiners for Engineering and Surveying (NCEES) Fundamentals of Engineering exam.

FISCAL IMPACT ON STATE AND LOCAL GOVERNMENT

LOCAL EMPLOYMENT IMPACT STATEMENT

Mr. Kinney has determined that the proposed rules will not affect the local economy, so the agency is not required to prepare a local employment impact statement under Government Code §2001.022.

PUBLIC BENEFITS

Mr. Kinney has determined that for each year of the first five-year period the proposed rules are in effect, the public benefit will be clarification of examination requirements for Professional Engineers.

PROBABLE ECONOMIC COSTS TO PERSONS REQUIRED TO COMPLY WITH PROPOSAL

FISCAL IMPACT ON SMALL BUSINESSES, MICRO-BUSINESSES, AND RURAL COMMUNITIES

ONE-FOR-ONE REQUIREMENT FOR RULES WITH A FISCAL IMPACT

GOVERNMENT GROWTH IMPACT STATEMENT

1. The proposed rules do not create or eliminate a government program.

2. Implementation of the proposed rules do not require the creation of new employee positions or the elimination of existing employee positions.

3. Implementation of the proposed rules do not require an increase or decrease in future legislative appropriations to the agency.

4. The proposed rules do not require an increase or decrease in fees paid to the agency.

5. The proposed rules do not create a new regulation.

6. The proposed rules do not increase the number of individuals subject to the rule's applicability.

7. The proposed rules do not positively or adversely affect this state's economy.

TAKINGS IMPACT ASSESSMENT

ENVIRONMENTAL RULE ANALYSIS

PUBLIC COMMENTS

STATUTORY AUTHORITY

The proposed rules are proposed pursuant to Texas Occupations Code §§1001.201 and 1001.202, which authorize the Board to regulate engineering and land surveying and make and enforce all rules and regulations and bylaws consistent with the Act as necessary for the performance of its duties, the governance of its own proceedings, and the regulation of the practices of engineering and land surveying in this state.

SECTIONS AFFECTED

The proposed rules implement the following sections of the law: Texas Occupations Code § 1001.304.

§133.65. Examination on the Fundamentals of Engineering.

[(a) An undergraduate student who is within two regular semesters (not including summer sessions) of graduating may take the examination on the fundamentals of engineering provided that the student is enrolled in a degree program which is:]

[(1) an engineering program accredited or approved by the EAC/ABET;]

[(2) a four year baccalaureate technical program accredited or approved by the ETAC/ABET;]

[(3) an engineering-related science program of four years or more that has been approved by the board; or]

[(4) a non-engineering related curriculum or other degree in which the student has provided evidence acceptable to the executive director as meeting the minimum requirements of §1001.302(a)(1)(A) or (B) of the Act.]

(a) [~~(b)~~] Persons [~~who demonstrate that they meet the educational requirements for a license and~~] who have not passed the examination on the fundamentals of engineering may apply to take the examination in accordance with the applicable examination registration requirements.

(b) The board shall utilize the national fundamentals of engineering examination developed and administered by NCEES to meet this requirement.

(c) The examination on the fundamentals of engineering shall be offered according to the schedule determined by the NCEES.

[(c) Persons who do not meet the criteria of subsection (a) of this section, but who need only to complete the examination on the fundamentals of engineering to fulfill the graduation requirements of a degree program that would meet the educational requirements for a license, may apply to the board to take the examinations in accordance with the applicable examination schedule.]

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on October 1, 2025.

TRD-202503536

Lance Kinney

Executive Director

Texas Board of Professional Engineers and Land Surveyors

Earliest possible date of adoption: November 16, 2025

For further information, please call: (512) 440-7723

CHAPTER 134. LICENSING, REGISTRATION, AND CERTIFICATION FOR SURVEYORS

SUBCHAPTER A. SURVEYOR-IN-TRAINING

22 TAC §134.3

The Texas Board of Professional Engineers and Land Surveyors (Board) proposes an amendment to 22 Texas Administrative Code, Chapter 134, Subchapter A, regarding surveyor-in-training, specifically §134.3 Surveyor-in-Training Application and Certification.

BACKGROUND AND SUMMARY

The proposed rule amendment is related to the implementation of provisions of Senate Bill 1259 (89th Regular Session 2025), relating to the practice of surveying. In summary the bill clarifies language related to the practice of Professional Land Surveying in the state of Texas. This includes clarifications about the operations of the Surveying Advisory Committee (SAC), adds surveying to the purview of the Board to prepare policy advisory opinions, allows applicants to take the Fundamentals of Surveying exam (FS) while gaining experience prior to becoming a Surveyor-in-Training (SIT), and codifies the requirement to take and pass the Texas Specific Surveying Exam (TSSE).

SECTION-BY-SECTION SUMMARY

The proposed rules amend §134.3 adds language requiring that an applicant must take and pass the Fundamentals of Surveying exam as a requirement to apply for Surveyor-in-Training certification.

FISCAL IMPACT ON STATE AND LOCAL GOVERNMENT

LOCAL EMPLOYMENT IMPACT STATEMENT

Mr. Kinney has determined that the proposed rules will not affect the local economy, so the agency is not required to prepare a local employment impact statement under Government Code §2001.022.

PUBLIC BENEFITS

PROBABLE ECONOMIC COSTS TO PERSONS REQUIRED TO COMPLY WITH PROPOSAL

FISCAL IMPACT ON SMALL BUSINESSES, MICRO-BUSINESSES, AND RURAL COMMUNITIES

ONE-FOR-ONE REQUIREMENT FOR RULES WITH A FISCAL IMPACT

GOVERNMENT GROWTH IMPACT STATEMENT

1. The proposed rules do not create or eliminate a government program.

2. Implementation of the proposed rules do not require the creation of new employee positions or the elimination of existing employee positions.

3. Implementation of the proposed rules do not require an increase or decrease in future legislative appropriations to the agency.

4. The proposed rules do not require an increase or decrease in fees paid to the agency.

5. The proposed rules do not create a new regulation.

6. The proposed rules do not increase the number of individuals subject to the rule's applicability.

7. The proposed rules do not positively or adversely affect this state's economy.

TAKINGS IMPACT ASSESSMENT

ENVIRONMENTAL RULE ANALYSIS

PUBLIC COMMENTS

STATUTORY AUTHORITY

The proposed rules are proposed pursuant to Texas Occupations Code §§1001.201 and 1001.202, which authorize the Board to regulate engineering and land surveying and make and enforce all rules and regulations and bylaws consistent with the Act as necessary for the performance of its duties, the governance of its own proceedings, and the regulation of the practices of engineering and land surveying in this state.

SECTIONS AFFECTED

The proposed rules implement the following sections of the law: Texas Occupations Code § 1071.253.

§134.3. Surveyor-In-Training Application and Certification.

(a) To be eligible become as a surveyor-in-training (SIT), an individual must:

(1) have successfully passed the examination on the Fundamentals of Surveying;

(2) [~~(1)~~] submit an SIT application in a format prescribed by the Board;

(3) [~~(2)~~] submit an official transcript in accordance with Subchapter D of this chapter (relating to Education);

(4) [~~(3)~~] submit experience information in accordance with §134.5 of this chapter (relating to Surveyor-In-Training Experience Requirements);

(5) [~~(4)~~] submit a minimum of three reference statements conforming to §134.51 of this chapter (relating to Reference Providers); and

(6) [~~(5)~~] pay the fee as established by the Board.

[(b) Once the requirements of (a)(1) - (5) of this section have been received and approved, the applicant will be approved to take the Fundamentals of Surveying examination per §134.65 of this title (relating to Examination on the Fundamentals of Surveying).]

(b) [~~(c)~~] A certificate as a surveyor-in-training expires eight years from the date of issuance. Although the certificate has an expiration date, the records of the Board will indicate that an individual has passed the Fundamentals of Surveying examination and these records will be maintained in the file indefinitely and will be made available as requested by the individual or another licensing jurisdiction.

(c) [~~(d)~~] The certificate may be renewed upon receipt of an application in a format prescribed by the Board, payment of the SIT certification fee established by the Board, and completion of 32 hours of acceptable continuing education per §138.17 of this title (related to Continuing Education).

(d) [~~(e)~~] Effective September 1, 2019, official transcripts will be kept on file and an SIT may request its use when filing the registered professional land surveyor application.

(e) [~~(f)~~] If the applicant for SIT certification does not submit all documents required within 90 days of the original application date, the application shall expire and the applicant must reapply and pay a new application fee.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on October 1, 2025.

TRD-202503535

Lance Kinney

Executive Director

Texas Board of Professional Engineers and Land Surveyors

Earliest possible date of adoption: November 16, 2025

For further information, please call: (512) 440-7723

SUBCHAPTER B. PROFESSIONAL SURVEYOR REGISTRATION

22 TAC §134.11

The Texas Board of Professional Engineers and Land Surveyors (Board) proposes an amendment to 22 Texas Administrative Code, Chapter 134, Subchapter B, regarding professional land surveyor registration, specifically §134.11 Types of Surveyor License and Registration.

BACKGROUND AND SUMMARY

The proposed rule amendment is required to implement the provisions of Senate Bill 1080 (89th Regular Session 2025). In summary, SB1080 creates a requirement that the board provide for a provisional license for applicants with a certain criminal convictions according to Texas Occupations Code Chapter 53.

SECTION-BY-SECTION SUMMARY

The proposed rules amend §134.11 to add an option for a provisional license according to Texas Occupations Code Chapter 53.

FISCAL IMPACT ON STATE AND LOCAL GOVERNMENT

LOCAL EMPLOYMENT IMPACT STATEMENT

Mr. Kinney has determined that the proposed rules will not affect the local economy, so the agency is not required to prepare a local employment impact statement under Government Code §2001.022.

PUBLIC BENEFITS

Mr. Kinney has determined that for each year of the first five-year period the proposed rules are in effect, the public benefit will be implementation of SB1080, including a provisional license for applicants with a criminal history.

PROBABLE ECONOMIC COSTS TO PERSONS REQUIRED TO COMPLY WITH PROPOSAL

FISCAL IMPACT ON SMALL BUSINESSES, MICRO-BUSINESSES, AND RURAL COMMUNITIES

ONE-FOR-ONE REQUIREMENT FOR RULES WITH A FISCAL IMPACT

GOVERNMENT GROWTH IMPACT STATEMENT

1. The proposed rules do not create or eliminate a government program.

2. Implementation of the proposed rules do not require the creation of new employee positions or the elimination of existing employee positions.

3. Implementation of the proposed rules do not require an increase or decrease in future legislative appropriations to the agency.

4. The proposed rules do not require an increase or decrease in fees paid to the agency.

5. The proposed rules do not create a new regulation.

6. The proposed rules do not increase the number of individuals subject to the rule's applicability.

7. The proposed rules do not positively or adversely affect this state's economy.

TAKINGS IMPACT ASSESSMENT

ENVIRONMENTAL RULE ANALYSIS

PUBLIC COMMENTS

STATUTORY AUTHORITY

The proposed rules are proposed pursuant to Texas Occupations Code §§1001.201 and 1001.202, which authorize the Board to regulate engineering and land surveying and make and enforce all rules and regulations and bylaws consistent with the Act as necessary for the performance of its duties, the governance of its own proceedings, and the regulation of the practices of engineering and land surveying in this state.

§134.11. Types of Surveyor License and Registration.

The board shall receive, evaluate and process all applications for registration as a Registered Professional Land Surveyor (RPLS) or Licensed State Land Surveyor (LSLS) received from individuals who assert through the application process that he or she meets the minimum requirements of the Surveying Act. The board shall deny a registration or license to any applicant found not to have met all requirements of the Surveying Act and board rules.

(1) Standard Registration. All initial surveying licenses or registrations issued by the board shall be considered standard licenses or registrations.

(2) Reciprocal Registration. An applicant who holds a surveying license or registration from another U.S. jurisdiction may apply via the reciprocal registration process set forth in §134.25 of this chapter.

(3) Temporary License or Registration. The board does not issue any temporary surveyor registration at this time

(4) Provisional License or Registration. The board may issue a provisional license in accordance with the provisions of Texas Occupations Code Section 53.0211 and may add any additional conditions the board finds necessary to ensure the health, safety, and welfare of the public. [~~does not issue provisional surveyor registration at this time.~~]

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on October 1, 2025.

TRD-202503525

Lance Kinney

Executive Director

Texas Board of Professional Engineers and Land Surveyors

Earliest possible date of adoption: November 16, 2025

For further information, please call: (512) 440-7723

SUBCHAPTER C. LAND SURVEYOR APPLICATION REQUIREMENTS

22 TAC §134.29

The Texas Board of Professional Engineers and Land Surveyors (Board) proposes amendments to 22 Texas Administrative Code, Chapter 134, subchapter C, regarding land surveyor license application requirements, specifically §134.29, relating to Application for Temporary License for Military Spouses Who Are Licensed or Registered in Another State, including retitling the section to Application for Licensure for Military Service Members, Military Veterans, and Military Spouses.

BACKGROUND AND SUMMARY

SECTION-BY-SECTION SUMMARY

The proposed rules amend §134.29 to implement the provisions of HB 5629 and SB 1818. Specifically, the Board provides for expedited or streamlined processes for active-duty military service members, military veterans, or military spouses to be issued a license or to recognize their out-of-state license in accordance with the provisions of Texas Occupations Code, Chapter 55, relating to Licensing of Military Service Members, Military Veterans, and Military Spouses.

FISCAL IMPACT ON STATE AND LOCAL GOVERNMENT

LOCAL EMPLOYMENT IMPACT STATEMENT

Dr. Kinney has determined that the proposed rules will not affect the local economy, so the agency is not required to prepare a local employment impact statement under Government Code §2001.022.

PUBLIC BENEFITS

Dr. Kinney has determined that for each year of the first five-year period the proposed rules are in effect, the public benefit will be clarification of rules to be consistent with updated statutes.

PROBABLE ECONOMIC COSTS TO PERSONS REQUIRED TO COMPLY WITH PROPOSAL

FISCAL IMPACT ON SMALL BUSINESSES, MICRO-BUSINESSES, AND RURAL COMMUNITIES

ONE-FOR-ONE REQUIREMENT FOR RULES WITH A FISCAL IMPACT

GOVERNMENT GROWTH IMPACT STATEMENT

1. The proposed rules do not create or eliminate a government program.

2. Implementation of the proposed rules do not require the creation of new employee positions or the elimination of existing employee positions.

3. Implementation of the proposed rules do not require an increase or decrease in future legislative appropriations to the agency.

4. The proposed rules do not require an increase or decrease in fees paid to the agency.

5. The proposed rules do not create a new regulation.

6. The proposed rules do expand an existing regulation.

7. The proposed rules do not increase the number of individuals subject to the rule's applicability.

8. The proposed rules do not positively or adversely affect this state's economy.

TAKINGS IMPACT ASSESSMENT

ENVIRONMENTAL RULE ANALYSIS

PUBLIC COMMENTS

STATUTORY AUTHORITY

SECTIONS AFFECTED

The proposed rules implement the following sections of the law: Texas Occupations Code §§ 55.004 and 55.0041.

§134.29. Application for Licensure for Military Service Members, Military Veterans, and Military Spouses. [~~Application for Temporary License for Military Spouses Who Are Licensed or Registered in Another State~~]

(a) A military service member, military veteran, or military spouse, as defined in Texas Occupations Code §55.001, may apply for Standard Licensure in accordance with §134.21 of this Chapter, relating to Application for Standard Registration. [In accordance with §55.0041, Occupations Code, a military spouse who is currently licensed or registered in good standing by a jurisdiction with licensing or registration requirements that are substantially equivalent to the licensing requirements in this state may be issued a temporary license or registration.]

(b) As applicable, a military service member, military veteran, or military spouse who held a Texas professional land surveyor registration or Texas licensed state land surveyor license within the five years preceding the application date under this subsection, may apply for alternative licensing in accordance with the provisions of Texas Occupations Code §55.004, relating to Alternative Licensing for Military Service Members, Military Veterans, and Military Spouses. [~~To be eligible for the confirmation described in Occupations Code §55.0041(b)(3), the military spouse shall provide the board:~~]

~~[(1) notice on a completed board-approved form, as required by Occupations Code §55.0041(b)(1);]~~

[(2) sufficient documentation to verify that the military spouse is currently licensed or registered in another jurisdiction and has no restrictions, pending enforcement actions, or unpaid fees or penalties relating to the license or registration;]

~~[(3) proof of the military spouse's residency in this state; and]~~

~~[(4) a copy of the military spouse's identification card.]~~

(c) As it relates to the implementation of Texas Occupations Code §55.004 and §55.0041, the Board has determined that no other states professional land surveyor license is similar in scope to a Texas professional land surveyor registration or a Texas licensed state land surveyor registration. [The board will determine whether the licensing or registration requirements of another jurisdiction are substantially equivalent to the licensing or registration requirements set forth by the board. In determining substantial equivalency, the board will consider factors including education, examinations, experience, and enforcement history.]

~~[(d) The board may not charge a fee for the license or registration as set forth in §134.21 of this title (relating to Application for Standard License).]~~

[(e) Authority to engage in land surveying.]

[(1) An individual who receives confirmation from the board, as described in Occupations Code §55.0041(b)(3):]

[(A) may engage in the practice of land surveying only for the period during which the individual meets the requirements of Occupations Code §55.0041(d); and]

[(B) must immediately notify the board if the individual no longer meets the requirements of Occupations Code §55.0041(d).]

[(2) An individual is not required to undergo a criminal history background check to be eligible for the authority granted under this subsection.]

[(f) Temporary license.]

[(1) An individual who receives confirmation from the board, as described in Occupations Code §55.0041(b)(3), is eligible to receive a temporary registration to practice land surveying issued by the Board if the individual:]

[(A) submits a completed application on a board-approved form; and]

[(B) undergoes and successfully passes a criminal history background check.]

[(2) A registration issued under this subsection expires annually and may be renewed twice, but expires on the third anniversary of the date the board provided the confirmation described in Occupations Code §55.0041(b)(3) and may not be further renewed.]

[(g) An individual who engages in the practice of land surveying under the authority, license, or registration established by this section is subject to the enforcement authority granted under Occupations Code, Chapter 51, and the laws and regulations applicable to the practice of land surveying.]

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on October 1, 2025.

TRD-202503541

Lance Kinney

Executive Director

Texas Board of Professional Engineers and Land Surveyors

Earliest possible date of adoption: November 16, 2025

For further information, please call: (512) 440-7723

SUBCHAPTER G. EXAMINATIONS

22 TAC §§134.61, 134.65, 134.67

The Texas Board of Professional Engineers and Land Surveyors (Board) proposes amendments to 22 Texas Administrative Code, Chapter 134, Subchapter G, regarding examinations, specifically §134.61, Surveying Examinations Required for a Registration to Practice as a Professional Surveyor; §134.65, Examination on the Fundamentals of Surveying; and §134.67, Examination on the Principles and Practice of Surveying, including retitling the section to Texas Specific Surveying Examination.

BACKGROUND AND SUMMARY

The proposed rule amendments are related to the implementation of provisions of Senate Bill 1259 (89th Regular Session 2025), relating to the practice of surveying. The bill includes clarifications about the operations of the Surveying Advisory Committee (SAC), adds surveying to the purview of the Board to prepare policy advisory opinions, allows applicants to take the Fundamentals of Surveying exam (FS) while gaining experience prior to becoming a Surveyor-in-Training (SIT), and codifies the requirement to take and pass the Texas Specific Surveying Exam (TSSE).

SECTION-BY-SECTION SUMMARY

The proposed rules amend §134.61 to change a citation to the new title of §134.65 regarding the Texas Specific Surveying Examination

The proposed rules amend §134.65 to clarify that there are no prerequisites to sit for the Fundamentals of Surveying exam.

The proposed rules amend §134.67 to clarify the requirements for the Texas Specific Surveying Exam. The language concerning the Principles and Practice of Surveying exam is being moved to new rule §134.66. This reorganization is for clarity, to provide each examination with its own rule section, and to reflect the current examination process flow.

FISCAL IMPACT ON STATE AND LOCAL GOVERNMENT

LOCAL EMPLOYMENT IMPACT STATEMENT

Mr. Kinney has determined that the proposed rules will not affect the local economy, so the agency is not required to prepare a local employment impact statement under Government Code §2001.022.

PUBLIC BENEFITS

PROBABLE ECONOMIC COSTS TO PERSONS REQUIRED TO COMPLY WITH PROPOSAL

FISCAL IMPACT ON SMALL BUSINESSES, MICRO-BUSINESSES, AND RURAL COMMUNITIES

ONE-FOR-ONE REQUIREMENT FOR RULES WITH A FISCAL IMPACT

GOVERNMENT GROWTH IMPACT STATEMENT

1. The proposed rules do not create or eliminate a government program.

2. Implementation of the proposed rules do not require the creation of new employee positions or the elimination of existing employee positions.

3. Implementation of the proposed rules do not require an increase or decrease in future legislative appropriations to the agency.

4. The proposed rules do not require an increase or decrease in fees paid to the agency.

5. The proposed rules do not create a new regulation.

6. The proposed rules do not increase the number of individuals subject to the rule's applicability.

7. The proposed rules do not positively or adversely affect this state's economy.

TAKINGS IMPACT ASSESSMENT

ENVIRONMENTAL RULE ANALYSIS

PUBLIC COMMENTS

STATUTORY AUTHORITY

The proposed rules are proposed pursuant to Texas Occupations Code §§1001.201 and 1001.202, which authorize the Board to regulate engineering and land surveying and make and enforce all rules and regulations and bylaws consistent with the Act as necessary for the performance of its duties, the governance of its own proceedings, and the regulation of the practices of engineering and land surveying in this state.

SECTIONS AFFECTED

The proposed rules implement the following sections of the law: Texas Occupations Code §§ 1071.254 and 1071.256.

§134.61. Surveying Examinations Required for a Registration to Practice as a Professional Surveyor.

(a) Applicants are required to take written experience and knowledge examinations, furnished and graded by the NCEES or by the board unless a waiver is granted pursuant to Texas Occupations Code section 1071.259 for Out-of-State Surveyors.

(b) All examinations shall be in the English language.

(1) a Fundamentals of Surveying examination prepared by NCEES;

(2) a Principles and Practice of Surveying examination prepared by the NCEES; and

(3) a Texas Specific Surveying Examination prepared by the board.

(d) The board shall publish examination information which shall include at least the following:

(1) the places where the examinations shall be held;

(2) the dates of the examinations;

(3) the deadline date for an examinee to schedule an examination, if applicable;

(4) fees for each examination; and

(5) types of examinations offered.

(e) Examinations may be scheduled by timely submission of registration information in a format specified by the Board with the appropriate examination fee.

(f) Individuals who plan to take an examination must have their registration completed by the close of regular business on the date established by the applicable examination schedule.

(g) Applicants providing an official verification from NCEES or an NCEES member board certifying that they have passed the Fundamentals of Surveying and/or Principles and Practices of Surveying examination(s) in that state shall not be required to take the examination(s) again.

(h) Examination registration fees may be collected by the board or a contracted exam administrator and, when appropriate, shall be refunded or transferred to future examination administrations in accordance with established board or exam administrator policy and if approved by the executive director.

(i) Examination candidates who have been called into active U.S. military duty or who are re-assigned military personnel and will not be available to sit for an examination may request an extension of the approved examination period defined in §134.67 of this chapter (relating to Texas Specific Surveying Exam [~~Examination on the Principles and Practice of Surveying~~]). Such candidates shall submit adequate documentation, including copies of orders, and a request to extend the approved examination period to the board. The candidate shall notify the board of their availability to resume the examination period within 60 days of release from active duty or when they are deployed to a location that provides a board approved examination.

(j) All examinations shall be administered to applicants with disabilities in compliance with the Americans with Disabilities Act of 1990 (42 U.S.C. §12101 et seq.), and its subsequent amendments. Special accommodations can be provided for examinees with physical or mental impairments that substantially limit life activities.

(1) Any individual with a disability who wishes to request special accommodations must submit an official request and supporting medical documentation that has been generated by an appropriate licensed health care professional in a format specified by the contracted exam administrator.

(2) The request must be submitted prior to the exam registration deadline established by the contracted exam administrator.

(3) The board or the contracted exam administrator may request additional documentation to substantiate a request for special accommodations.

(4) The requestor will be notified of approval of the request or reason for denial of the request by the board or contracted exam administrator.

(k) Pursuant to Texas Occupations Code §54.002, if an examination candidate's religious beliefs prevent the candidate from taking an examination on a religious holy day that conflicts with the normally scheduled examination date, the candidate shall submit a request to the contracted exam administrator and the board to take the examination on an alternate date.

(l) Upon successful passage of the experience and knowledge examinations an applicant shall be considered to have met the examination requirements for registration as a registered professional land surveyor in Texas.

§134.65. Examination on the Fundamentals of Surveying.

(a) Persons who have not passed the examination on the fundamentals of surveying may apply to take the examination in accordance with the applicable examination registration requirements.

[(a) An applicant who has met the requirements set forth in §134.3 of this chapter (relating to Surveyor-In-Training Application And Certification) and §1071.253 of the Surveying Act, and who has been approved by the executive director, shall be eligible to sit for the Fundamentals of Surveying examination. ]

(b) The board shall utilize the national fundamentals of surveying examination developed and administered by NCEES to meet this requirement.

§134.67. Texas Specific Surveying Examination [~~Examination on the Principles and Practice of Surveying~~].

[(a) General Exam Provisions.]

[(1) To meet the examination requirements set forth in §1071.256 of the Surveying Act an applicant must pass both the NCEES Principles and Practice of Surveying examination (PS Exam) and the Texas Specific Surveying Examination (TSSE).]

[(2) The PS exam and TSSE are open only to applicants who have received board approval to take the exams and Texas registered professional land surveyors who wish to take the exams for record purposes.]

[(3) An applicant approved to take the PS exam and TSSE:]

[(A) shall be advised of the date he or she is eligible; and]

[(B) shall be solely responsible for timely scheduling for the examinations and any payment of examination fees.]

[(4) For the purposes of this section, exam attempt means a unique administration of an examination for which attendance is documented.]

[(5) If the applicant has not attempted to take the TSSE within the approved examination period described in subsection (c) of this section, the applicant may re-apply to take the exam after the prior approved examination period has expired under §134.21 of this chapter (relating to Application for Standard License) and may receive approval for additional exam attempts.]

(a) [~~(6)~~] The Texas Specific Surveying Examination ( [~~PS exam and~~] TSSE) shall be constructed according to §1071.256 of the Surveying Act. The TSSE shall be developed by the board to supplement the NCEES PS Exam and cover any topic areas specific to the professional practice of land surveying in Texas that are not covered by the NCEES PS exam. The TSSE shall not exceed four hours in duration. [The examinations shall be written and designed to aid the Board in determining the applicant's knowledge of land surveying, mathematics, land surveying laws, and the applicant's general fitness to practice the profession as outlined in the Surveying Act.]

(b) Applicants who have been approved for examinations per §134.87 of this chapter are approved to take the TSSE.

(1) shall be advised of the date he or she is eligible; and

(2) shall be solely responsible for timely scheduling for the examinations and any payment of examination fees.

(d) The TSSE shall be offered according to a schedule and at a location determined by the board.

(e) For the purposes of this section, exam attempt means a unique administration of an examination for which attendance is documented.

(f) An applicant approved to take the TSSE shall be allowed not more than three examination attempts and those attempts must be completed within a four-year period starting with the date of the notification for approval to take the exam. No extensions of time shall be granted except as provided for in §134.61(i) of this chapter (relating to Surveying Examinations Required for a License to Practice as a Professional Surveyor).

(g) An applicant who does not pass the TSSE within the approved examination period described in subsection (f) of this section is considered not approved and may not re-apply for approval until he or she has obtained at least one (1) year of additional surveying experience as described in Subchapter E of this chapter (relating to Experience) or until the applicant has completed at least six (6) additional semester hours of formal college level classroom courses relevant to land surveying. The time period to obtain additional surveying experience or enroll in additional college courses commences on the date of the last TSSE exam attempt. Applicants meeting the additional experience or education requirements must reapply in accordance with §134.21 of this chapter and receive approval for additional exam attempts.

(h) If the applicant has not attempted to take the TSSE within the approved examination period described in subsection (c) of this section, the applicant may reapply to take the exam after the prior approved examination period has expired under §134.21 of this chapter (relating to Application for Standard License) and may receive approval for additional exam attempts.

[(b) Principles and Practice of Surveying Exam]

[(1) The board shall utilize the PS Exam developed and administered by NCEES to meet this requirement.]

[(2) The PS exam shall be offered according to the schedule determined by NCEES.]

[(3) An applicant who has passed the PS exam will not be required to re-take the examination.]

[(4) Applicants who are granted certification as a Surveyor-in-Training in accordance with §134.1 of this chapter (relating to Surveyor-in-Training Designation) are approved to take the PS exam.]

[(5) Applicants who have been approved for examinations per §134.87 of this chapter (relating to Final Actions on Applications) are approved to take the PS exam.]

[(c) Texas Specific Surveying Examination (TSSE)]

[(1) The TSSE shall be developed by the board to supplement the NCEES PS Exam and cover any topic areas specific to the professional practice of land surveying in Texas that are not covered by the NCEES PS exam. The TSSE shall not exceed four hours in duration.]

[(2) The TSSE shall be offered according to a schedule and at a location determined by the board.]

(i) [~~(3)~~] An applicant who has passed the TSSE will not be required to re-take the examination.

~~[(4) Applicants who have been approved for examinations per §134.87 of this chapter are approved to take the TSSE.]~~

[(5) An applicant approved to take the TSSE shall be allowed not more than three examination attempts and those attempts must be completed within a four-year period starting with the date of the notification for approval to take the exam. No extensions of time shall be granted except as provided for in §134.61(i) of this chapter (relating to Surveying Examinations Required for a License to Practice as a Professional Surveyor).]

[(6) An applicant who does not pass the TSSE within the approved examination period described in paragraph (5) of this subsection is considered not approved and may not re-apply for approval until he or she has obtained at least one (1) year of additional surveying experience as described in Subchapter E of this chapter (relating to Experience) or until the applicant has completed at least six (6) additional semester hours of formal college level classroom courses relevant to land surveying. The time period to obtain additional surveying experience or enroll in additional college courses commences on the date of the last TSSE exam attempt. Applicants meeting the additional experience or education requirements must apply in accordance with §134.21 of this chapter and receive approval for additional exam attempts.]

(j) [~~(7)~~] TSSE Exam fees shall be waived for qualifying military service members, military veterans, and military spouses in accordance with Texas Occupations Code Chapter 55.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on October 1, 2025.

TRD-202503537

Lance Kinney

Executive Director

Texas Board of Professional Engineers and Land Surveyors

Earliest possible date of adoption: November 16, 2025

For further information, please call: (512) 440-7723

22 TAC §134.66

The Texas Board of Professional Engineers and Land Surveyors (Board) proposes an amendment to 22 Texas Administrative Code, Chapter 134, Subchapter G, regarding examinations, specifically creating new rule §134.66 Examination on the Principles and Practice of Surveying.

BACKGROUND AND SUMMARY

SECTION-BY-SECTION SUMMARY

The rule proposal creates new rule §134.66 which contains language concerning the Principles and Practice of Surveying exam. This rule language was previously part of rule §134.67 which is now split into different rules for clarification.

FISCAL IMPACT ON STATE AND LOCAL GOVERNMENT

LOCAL EMPLOYMENT IMPACT STATEMENT

Mr. Kinney has determined that the proposed rules will not affect the local economy, so the agency is not required to prepare a local employment impact statement under Government Code §2001.022.

PUBLIC BENEFITS

PROBABLE ECONOMIC COSTS TO PERSONS REQUIRED TO COMPLY WITH PROPOSAL

FISCAL IMPACT ON SMALL BUSINESSES, MICRO-BUSINESSES, AND RURAL COMMUNITIES

ONE-FOR-ONE REQUIREMENT FOR RULES WITH A FISCAL IMPACT

GOVERNMENT GROWTH IMPACT STATEMENT

1. The proposed rules do not create or eliminate a government program.

2. Implementation of the proposed rules do not require the creation of new employee positions or the elimination of existing employee positions.

3. Implementation of the proposed rules do not require an increase or decrease in future legislative appropriations to the agency.

4. The proposed rules do not require an increase or decrease in fees paid to the agency.

5. The proposed rules do not create a new regulation.

6. The proposed rules do not increase the number of individuals subject to the rule's applicability.

7. The proposed rules do not positively or adversely affect this state's economy.

TAKINGS IMPACT ASSESSMENT

ENVIRONMENTAL RULE ANALYSIS

PUBLIC COMMENTS

STATUTORY AUTHORITY

The proposed rules are proposed pursuant to Texas Occupations Code §§1001.201 and 1001.202, which authorize the Board to regulate engineering and land surveying and make and enforce all rules and regulations and bylaws consistent with the Act as necessary for the performance of its duties, the governance of its own proceedings, and the regulation of the practices of engineering and land surveying in this state.

SECTIONS AFFECTED

The proposed rules implement the following sections of the law: Texas Occupations Code §§ 1071.254 and 1071.256.

§134.66. Examination on the Principles and Practice of Surveying.

(a) The board shall utilize the Principles and Practice of Surveying Exam (PS Exam) developed and administered by NCEES to meet this requirement.

(b) Applicants who are granted certification as a Surveyor-in-Training in accordance with §134.1 of this chapter (relating to Surveyor-in-Training Designation) are approved to take the PS exam.

(b) Applicants who have been approved for examinations per §134.87 of this chapter (relating to Final Actions on Applications) are approved to take the PS exam.

(1) shall be advised of the date he or she is eligible; and

(2) shall be solely responsible for timely scheduling for the examinations and any payment of examination fees.

(d) The PS exam shall be offered according to the schedule determined by NCEES.

(e) An applicant who has passed the PS exam will not be required to re-take the examination.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on October 1, 2025.

TRD-202503539

Lance Kinney

Executive Director

Texas Board of Professional Engineers and Land Surveyors

Earliest possible date of adoption: November 16, 2025

For further information, please call: (512) 440-7723

SUBCHAPTER H. REVIEW PROCESS OF APPLICATIONS AND REGISTRATION ISSUANCE

22 TAC §134.87

The Texas Board of Professional Engineers and Land Surveyors (Board) proposes an amendment to 22 Texas Administrative Code, Chapter 134, Subchapter H, regarding the review process of applications and registration issuance, specifically §134.87 Final Action on Applications.

BACKGROUND AND SUMMARY

SECTION-BY-SECTION SUMMARY

The proposed rule amends §134.87 adds a reference to the Texas Specific Surveying Exam.

FISCAL IMPACT ON STATE AND LOCAL GOVERNMENT

Mr. Lance Kinney, Ph.D., P.E., Executive Director for the Board, has determined that for each year of the first five years the proposed rule is in effect, there are no estimated additional costs or reductions in costs to state or local government as a result of enforcing or administering the proposed rules.

Mr. Kinney has determined that for each year of the first five years the proposed rules is in effect, there is no estimated increase or loss in revenue to the state or local government as a result of enforcing or administering the proposed rules.

LOCAL EMPLOYMENT IMPACT STATEMENT

Mr. Kinney has determined that the proposed rule will not affect the local economy, so the agency is not required to prepare a local employment impact statement under Government Code §2001.022.

PUBLIC BENEFITS

Mr. Kinney has determined that for each year of the first five-year period the proposed rule is in effect, the public benefit will be clarification of application requirements for a Surveyor-in-Training certification.

PROBABLE ECONOMIC COSTS TO PERSONS REQUIRED TO COMPLY WITH PROPOSAL

Mr. Kinney has determined that for each year of the first five-year period the proposed rule is in effect, there are no anticipated economic costs to persons who are required to comply with the proposed rule because no new requirements are part of the proposed rule.

FISCAL IMPACT ON SMALL BUSINESSES, MICRO-BUSINESSES, AND RURAL COMMUNITIES

There will be no adverse effect on small businesses, micro-businesses, or rural communities as a result of the proposed rule. Since the agency has determined that the proposed rule will have no adverse economic effect on small businesses, micro-businesses, or rural communities, preparation of an Economic Impact Statement and a Regulatory Flexibility Analysis, as detailed under Texas Government Code §2006.002, is not required.

ONE-FOR-ONE REQUIREMENT FOR RULES WITH A FISCAL IMPACT

The proposed rule does not have a fiscal note that imposes a cost on regulated persons, including another state agency, a special district, or a local government. Therefore, the agency is not required to take any further action under Government Code §2001.0045.

GOVERNMENT GROWTH IMPACT STATEMENT

Pursuant to Government Code §2001.0221, the agency provides the following Government Growth Impact Statement for the proposed rules. For each year of the first five years the proposed rule is in effect, the agency has determined the following:

1. The proposed rule does not create or eliminate a government program.

2. Implementation of the proposed rule does not require the creation of new employee positions or the elimination of existing employee positions.

3. Implementation of the proposed rule does not require an increase or decrease in future legislative appropriations to the agency.

4. The proposed rule does not require an increase or decrease in fees paid to the agency.

5. The proposed rule does not create a new regulation.

6. The proposed rule does not increase the number of individuals subject to the rule's applicability.

7. The proposed rule does not positively or adversely affect this state's economy.

TAKINGS IMPACT ASSESSMENT

The Board has determined that no private real property interests are affected by the proposed rule and the proposed rule does not restrict, limit, or impose a burden on an owner's rights to his or her private real property that would otherwise exist in the absence of government action. As a result, the proposed rule does not constitute a taking or require a takings impact assessment under Government Code §2007.043.

ENVIRONMENTAL RULE ANALYSIS

The Board has determined that the proposed rule is not brought with the specific intent to protect the environment or reduce risks to human health from environmental exposure; thus, the Board asserts the proposed rule is not a "major environmental rule," as defined by Government Code §2001.0225. As a result, the Board asserts preparation of an environmental impact analysis, as provided by §2001.0225, is not required.

PUBLIC COMMENTS

STATUTORY AUTHORITY

The proposed rule is proposed pursuant to Texas Occupations Code §§1001.201 and 1001.202, which authorize the Board to regulate engineering and land surveying and make and enforce all rules and regulations and bylaws consistent with the Act as necessary for the performance of its duties, the governance of its own proceedings, and the regulation of the practices of engineering and land surveying in this state.

SECTIONS AFFECTED

The proposed rule implements the following sections of the law: Texas Occupations Code §§ 1071.254 and 1071.256.

§134.87. Final Action on Applications.

(a) Upon approval of an application by the executive director, the successful completion of the requirements of a Corrective Action Plan (CAP), or the successful completion of the requirements of the Licensing Committee and full board in a manner provided in this subchapter, the executive director shall:

(1) issue a registration subject to the applicant's taking and passing the examination on the principles and practice of surveying according to §134.66 [~~§134.67~~] of this chapter (relating to Examination on the Principles and Practice of Surveying) and the TSSE according to §134.67 of this chapter (relating to the Texas Specific Surveying Examination); or

(2) issue a registration to an applicant who has passed the examination on the principles and practice of surveying and the TSSE; and

(3) report all approved applications to the Board.

(b) The board will consider applications presented to it and recommendations it receives from the Licensing Committee.

(c) The executive director shall advise the applicant in writing of any decision of the executive director, the Licensing Committee, or the board, as applicable, within 20 days of the decision.

(d) An applicant whose application has been denied by the Board based on criminal conviction shall have 20 days from the date of the denial within which to request in writing a hearing at the State Office of Administrative Hearings (SOAH).

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on October 1, 2025.

TRD-202503538

Lance Kinney

Executive Director

Texas Board of Professional Engineers and Land Surveyors

Earliest possible date of adoption: November 16, 2025

For further information, please call: (512) 440-7723

CHAPTER 135. ENGINEERING FIRM REGISTRATION

22 TAC §135.1

The Texas Board of Professional Engineers and Land Surveyors (Board) proposes an amendment to 22 Texas Administrative Code, Chapter 135, regarding engineering firm registration, specifically §135.1 Authority.

BACKGROUND AND SUMMARY

The proposed rule amendment is required to implement the provisions of Senate Bill 681. In summary, SB681 requires the Texas Board of Professional Engineers and Land Surveyors (TBPELS) to change all Professional Engineer (PE), Registered Professional Land Surveyor (RPLS), engineering firm, and surveying firm renewals from an annual cycle to a 2-year cycle.

SECTION-BY-SECTION SUMMARY

The proposed rules amend §135.1 to remove language referring to an annual renewal to allow for the two-year renewal cycle.

FISCAL IMPACT ON STATE AND LOCAL GOVERNMENT

LOCAL EMPLOYMENT IMPACT STATEMENT

Mr. Kinney has determined that the proposed rules will not affect the local economy, so the agency is not required to prepare a local employment impact statement under Government Code §2001.022.

PUBLIC BENEFITS

Mr. Kinney has determined that for each year of the first five-year period the proposed rules are in effect, the public benefit will be implementation of SB681, including two-year renewals for engineering firms.

PROBABLE ECONOMIC COSTS TO PERSONS REQUIRED TO COMPLY WITH PROPOSAL

FISCAL IMPACT ON SMALL BUSINESSES, MICRO-BUSINESSES, AND RURAL COMMUNITIES

ONE-FOR-ONE REQUIREMENT FOR RULES WITH A FISCAL IMPACT

GOVERNMENT GROWTH IMPACT STATEMENT

1. The proposed rules do not create or eliminate a government program.

2. Implementation of the proposed rules do not require the creation of new employee positions or the elimination of existing employee positions.

3. Implementation of the proposed rules do not require an increase or decrease in future legislative appropriations to the agency.

4. The proposed rules do not require an increase or decrease in fees paid to the agency.

5. The proposed rules do not create a new regulation.

6. The proposed rules do not increase the number of individuals subject to the rule's applicability.

7. The proposed rules do not positively or adversely affect this state's economy.

TAKINGS IMPACT ASSESSMENT

ENVIRONMENTAL RULE ANALYSIS

PUBLIC COMMENTS

STATUTORY AUTHORITY

The proposed rules are proposed pursuant to Texas Occupations Code §§1001.201 and 1001.202, which authorize the Board to regulate engineering and land surveying and make and enforce all rules and regulations and bylaws consistent with the Act as necessary for the performance of its duties, the governance of its own proceedings, and the regulation of the practices of engineering and land surveying in this state.

SECTIONS AFFECTED

The proposed rules implement the following sections of the law: Texas Occupations Code § 1001.405.

§135.1. Authority.

The board [~~Texas Board of Professional Engineers~~] shall receive, evaluate, and process all applications for a certificate of registration issued under the authority of the Texas Engineering Practice Act (Act). Applications for the certificate of registration shall be accepted from all firms offering to engage or engaging in the practice of professional engineering for the public in Texas. For the purposes of this section, the term "public" includes but is not limited to political subdivisions of the state, business entities, and individuals. The board has the authority under the Act to issue a [~~an annual~~] certificate of registration to applicants that, subsequent to review and evaluation, are found to have met all requirements of the Act and board rules. The board has the authority under the Act to deny a certificate of registration to any applicant found not to have met all requirements of the Act and board rules.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on October 1, 2025.

TRD-202503526

Lance Kinney

Executive Director

Texas Board of Professional Engineers and Land Surveyors

Earliest possible date of adoption: November 16, 2025

For further information, please call: (512) 440-7723

CHAPTER 136. SURVEYING FIRM REGISTRATION

22 TAC §136.1

The Texas Board of Professional Engineers and Land Surveyors (Board) proposes an amendment to 22 Texas Administrative Code, Chapter 136, regarding surveying firm registration, specifically §136.1 Authority.

BACKGROUND AND SUMMARY

SECTION-BY-SECTION SUMMARY

The proposed rules amend §136.1 to remove language referring to an annual renewal to allow for the two-year renewal cycle.

FISCAL IMPACT ON STATE AND LOCAL GOVERNMENT

LOCAL EMPLOYMENT IMPACT STATEMENT

Mr. Kinney has determined that the proposed rules will not affect the local economy, so the agency is not required to prepare a local employment impact statement under Government Code §2001.022.

PUBLIC BENEFITS

PROBABLE ECONOMIC COSTS TO PERSONS REQUIRED TO COMPLY WITH PROPOSAL

FISCAL IMPACT ON SMALL BUSINESSES, MICRO-BUSINESSES, AND RURAL COMMUNITIES

ONE-FOR-ONE REQUIREMENT FOR RULES WITH A FISCAL IMPACT

GOVERNMENT GROWTH IMPACT STATEMENT

1. The proposed rules do not create or eliminate a government program.

2. Implementation of the proposed rules do not require the creation of new employee positions or the elimination of existing employee positions.

3. Implementation of the proposed rules do not require an increase or decrease in future legislative appropriations to the agency.

4. The proposed rules do not require an increase or decrease in fees paid to the agency.

5. The proposed rules do not create a new regulation.

6. The proposed rules do not increase the number of individuals subject to the rule's applicability.

7. The proposed rules do not positively or adversely affect this state's economy.

TAKINGS IMPACT ASSESSMENT

ENVIRONMENTAL RULE ANALYSIS

PUBLIC COMMENTS

STATUTORY AUTHORITY

The proposed rules are proposed pursuant to Texas Occupations Code §§1001.201 and 1001.202, which authorize the Board to regulate engineering and land surveying and make and enforce all rules and regulations and bylaws consistent with the Act as necessary for the performance of its duties, the governance of its own proceedings, and the regulation of the practices of engineering and land surveying in this state.

§136.1. Authority.

The board shall receive, evaluate, and process all applications for a firm registration issued under the authority of the Surveying Act. Applications for firm registration shall be accepted from all firms offering to engage or engaging in the practice of professional land surveying for the public in Texas. For the purposes of this section, the term "public" includes but is not limited to political subdivisions of the state, business entities, and individuals. The board has the authority under the Surveying Act to issue a [~~an annual~~] firm registration to applicants that, subsequent to review and evaluation, are found to have met all requirements of the Surveying Act and board rules. The board has the authority under the Surveying Act to deny a firm registration to any applicant found not to have met all requirements of the Surveying Act and board rules.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on October 1, 2025.

TRD-202503527

Lance Kinney

Executive Director

Texas Board of Professional Engineers and Land Surveyors

Earliest possible date of adoption: November 16, 2025

For further information, please call: (512) 440-7723

CHAPTER 137. COMPLIANCE AND PROFESSIONALISM FOR ENGINEERS

SUBCHAPTER A. INDIVIDUAL AND ENGINEER COMPLIANCE

22 TAC §§137.7, 137.9, 137.13, 137.17

The Texas Board of Professional Engineers and Land Surveyors (Board) proposes amendments to 22 Texas Administrative Code, Chapter 137, Subchapter A, regarding individual and engineer compliance, specifically §§137.7 License Expiration and Renewal, 137.9 Renewal for Expired License, 137.13 Inactive Status, and 137.17 Continuing Education.

BACKGROUND AND SUMMARY

The proposed rule amendments are required to implement the provisions of Senate Bills 681 (89th Regular Session 2025). In summary, SB681 requires the Texas Board of Professional Engineers and Land Surveyors (TBPELS) to change all Professional Engineer (PE), Registered Professional Land Surveyor (RPLS), engineering firm, and surveying firm renewals from an annual cycle to a 2-year cycle.

SECTION-BY-SECTION SUMMARY

The proposed rules amend §137.7 to remove language related to annual renewals and adds that an engineering license shall be renewed every two years. The amendment also removes a specific schedule of renewal dates and clarifies that the renewal date will be specified in board records and indicated on the renewal form.

The proposed rules amend §137.9 to remove language related to annual renewals.

The proposed rules amend §137.13 to remove language related to annual renewals.

The proposed rules amend §137.17 to remove language related to annual renewals, clarifies language related to acceptable continuing education activities, and includes a procedure for continuing education exemptions due to disability, illness, or other extenuating circumstances.

FISCAL IMPACT ON STATE AND LOCAL GOVERNMENT

LOCAL EMPLOYMENT IMPACT STATEMENT

Mr. Kinney has determined that the proposed rules will not affect the local economy, so the agency is not required to prepare a local employment impact statement under Government Code §2001.022.

PUBLIC BENEFITS

PROBABLE ECONOMIC COSTS TO PERSONS REQUIRED TO COMPLY WITH PROPOSAL

FISCAL IMPACT ON SMALL BUSINESSES, MICRO-BUSINESSES, AND RURAL COMMUNITIES

ONE-FOR-ONE REQUIREMENT FOR RULES WITH A FISCAL IMPACT

GOVERNMENT GROWTH IMPACT STATEMENT

1. The proposed rules do not create or eliminate a government program.

2. Implementation of the proposed rules do not require the creation of new employee positions or the elimination of existing employee positions.

3. Implementation of the proposed rules do not require an increase or decrease in future legislative appropriations to the agency.

4. The proposed rules do not require an increase or decrease in fees paid to the agency.

5. The proposed rules do not create a new regulation.

6. The proposed rules do not increase the number of individuals subject to the rule's applicability.

7. The proposed rules do not positively or adversely affect this state's economy.

TAKINGS IMPACT ASSESSMENT

ENVIRONMENTAL RULE ANALYSIS

PUBLIC COMMENTS

STATUTORY AUTHORITY

The proposed rules are proposed pursuant to Texas Occupations Code §§1001.201 and 1001.202, which authorize the Board to regulate engineering and land surveying and make and enforce all rules and regulations and bylaws consistent with the Act as necessary for the performance of its duties, the governance of its own proceedings, and the regulation of the practices of engineering and land surveying in this state.

SECTIONS AFFECTED

The proposed rules implement the following sections of the law: Texas Occupations Code §§ 1001.210 and 1001.351.

§137.7. License Expiration And Renewal.

(a) Pursuant to §1001.351 of the Act, the license holder must renew the license every two years [~~annually~~] to continue to practice engineering under the provisions of the Act. If the license renewal requirements are not met by the expiration date of the license, the license shall expire and the license holder shall [~~may~~] not engage in engineering activities that require a license until the renewal requirements have been met.

(b) Pursuant to §1001.275 of the Act, the board will mail a renewal notice to the last recorded address of each license holder at least 30 days prior to the date a person's license is to expire. Regardless of whether the renewal notice is received, the license holder has the sole responsibility to pay the required renewal fee together with any applicable late fees at the time of payment.

(1) the required [~~annual~~] renewal fee. Payment may be made by personal, company, or other checks drawn on a United States bank (money order or cashier's check), or by electronic means, payable in United States currency; and

(2) the continuing education program documentation as required in §137.17 of this chapter (relating to Continuing Education Program) to the board prior to the expiration date of the license. [~~; and~~]

~~[(3) documentation of submittal of fingerprints for criminal history record check as required by §1001.277 of the Act, unless previously submitted to the board.]~~

(d) Licenses shall expire on the date assigned by the board and as specified in the board's records. The renewal date will be specified on the applicable renewal form.

[(d) Licenses will expire according to the following schedule:]

[(1) Licenses originally approved in the first quarter of a calendar year will expire on December 31.]

[(2) Licenses originally approved in the second quarter of a calendar year will expire on March 31.]

[(3) Licenses originally approved in the third quarter of a calendar year June 30.]

[(4) Licenses originally approved in the fourth quarter of a calendar year will expire September 30.]

(e) A temporary license applied for in accordance with §133.27 of this title (regarding Application for Temporary License for Engineers Currently Licensed Outside the United States) may only be renewed twice annually for a total duration of three years, after which the former license holder may apply for a standard license as provided in the current Act and applicable board rules.

(f) A license holder who, at the time of his or her [~~annual~~] renewal, has any unpaid administrative penalty owed to the Board or who has failed to comply with any term or condition of a Consent Order, Agreed Board Order, or a Final Board Order shall not be allowed to renew his or her license to practice engineering until such time as the administrative penalty is paid in full or the term or condition is satisfied unless otherwise authorized by the Consent Order, Agreed Board Order, or a Final Board Order.

§137.9. Renewal For Expired License.

(a) A license holder may renew a license that has expired for 90 days or less by submitting to the board the required [~~annual~~] renewal fee, a late renewal fee, and the continuing education program documentation as required in §137.17 of this chapter.

(b) A license holder may renew a license that has expired for more than 90 days but less than one year by submitting to the board the required [~~annual~~] renewal fee, a late renewal fee, and the continuing education program documentation as required in §137.17 of this chapter (relating to Continuing Education Program).

(c) A license holder may renew a license that has expired for more than one year but less than two years by submitting to the board the required [~~annual~~] renewal fee, a late renewal fee, and the continuing education program documentation as required in §137.17 of this chapter for each delinquent year or part of a year.

(d) A license which has been expired for two years may not be renewed, but the former license holder may apply for a new license as provided in the current Act and applicable board rules. Military service members, as defined in Texas Occupations Code, §55.001(4), may be granted up to two years of additional time to renew a license.

(e) Renewal [~~Annual renewal~~] fees or late renewal fees will not be refunded unless incorrect fee was assessed through a documented procedural error by Board staff.

(f) In strict accordance with the provisions of the Texas Family Code, Chapter 232, pertaining to delinquent child support, if a license holder's name has been provided by the OAG (Office of the Attorney General) as being in default of child support, the board shall not renew the license of the license holder on the renewal date following such notification. The board shall not renew or reinstate said license unless the OAG certifies the individual has satisfied the requirements of the Texas Family Code, Chapter 232.

(g) Pursuant to Texas Occupations Code Chapter 55, a license holder is exempt from any penalty imposed in this section for failing to renew the license in a timely manner if the license holder provides adequate documentation, including copies of orders, to establish to the satisfaction of the board that the license holder failed to renew in a timely manner because the license holder was serving as a military service member as defined in Texas Occupations Code, §55.001(4).

§137.13. Inactive Status.

(a) A license holder may request in writing to change the status of the license to "inactive" at any time. A license holder whose license is inactive may not practice engineering. A license holder who has requested inactive status shall not receive any refunds for licensing fees previously paid to the board.

(b) A license holder whose license is inactive must pay an inactive renewal [~~annual~~] fee as established by the board at the time of the license renewal. If the inactive renewal fee is not paid by the date a person's license is to expire, the inactive renewal fee for the expired license shall be increased in the same manner as for an active license renewal fee.

(1) comply with the continuing education requirements adopted by the board; or

(2) take an examination for reinstatement to active status.

(d) To return to active status, a license holder whose license is inactive must:

(1) submit a request in writing for reinstatement to active status;

(2) pay the fee for [~~annual~~] renewal, as applicable;

(3) provide documentation of submittal of fingerprints for criminal history record check as required by §1001.277 of the Act, unless previously submitted to the board; and

(4) comply with the continuing education program requirements for inactive license holders returning to practice as prescribed in §137.17(o) of this chapter (relating to Continuing Education Program).

(e) A license holder may claim inactive status and return to active only once during the renewal [~~year~~] period determined by the renewal schedule of the license. If a license holder claims inactive status and returns to active status during the same [~~annual~~] renewal period, the license holder shall comply with the full continuing education program requirements for that renewal period [~~year~~].

(f) A license holder claiming inactive status may use any term allowed for an active license holder followed by the term "Inactive" or "Retired" on business cards, stationary and other forms of correspondence. Failure to note inactive status in this manner is a violation of the Act and board rules and is subject to disciplinary action by the board.

(g) A license holder on inactive status may provide a reference statement for an applicant for licensure.

(h) Offering or performing engineering services to the public while the license is inactive is a violation of the inactive status and is subject to disciplinary action by the board.

§137.17. Continuing Education.

(a) Each license holder shall meet the Continuing Education Program (CEP) requirements for professional development as a condition for license renewal.

(b) Terms used in this section are defined as follows:

(1) Professional Development Hour (PDH)--A contact hour (clock hour) of CEP activity. PDH is the basic unit for CEP reporting.

(2) Continuing Education Unit (CEU)--Unit of credit customarily used for continuing education courses. One continuing education unit equals 10 hours of class in an approved continuing education course.

(3) College/Unit Semester/Quarter Hour--Credit for course in ABET-approved program or other related college course.

(4) Course/Activity--Any qualifying course or activity with a clear purpose and objective which will maintain, improve, or expand the skills and knowledge relevant to the license holder's field of practice.

(5) Self-directed study--Time spent engaging in professional development that is not otherwise identified in this rule. (Examples include, but are not limited to: reading/reviewing trade magazines , [ or ] books or the Texas Engineering Practice Act and Board Rules; [ , ] watching tutorials ; [ , ] and viewing other online content.)

(d) A minimum of 2 [ 1 ] PDH units per renewal period must be in the area of professional ethics, roles and responsibilities of professional engineering, or review of the Texas Engineering Practice Act and Board Rules. [ ~~PDH units carried forward may not be counted to meet the professional ethics requirement.~~ ]

(e) A license holder may not carry forward PDH units into the subsequent renewal period. [ If a license holder exceeds the annual requirement in any renewal period, a maximum of 14 PDH units may be carried forward into the subsequent renewal period. Professional Development Hours must not be anticipated and cannot be used for more than one renewal period. ]

(f) PDH units may be earned as follows:

(1) Successful completion or auditing of college credit courses.

(2) Successful completion of continuing education courses, either offered by a professional or trade organization, university or college, or offered in-house by a corporation, other business entity, professional or technical societies, associations, agencies, or organizations, or other group.

(3) Successful completion of correspondence, online, televised, videotaped, and other short courses/tutorials.

(4) Attendance of [ ~~Presenting or attending~~ ] seminars, in-house courses, workshops, or professional or technical presentations made at meetings, conventions, or conferences sponsored by a corporation, other business entity, professional or technical societies, associations, agencies, or organizations, or other group.

(5) Teaching , presenting, or instructing any of the activities [ as ] listed in paragraphs (1) through (4) of this subsection.

(6) Authoring published papers, articles, books, or accepted licensing examination items.

(7) Active participation in the leadership or committee activities of [ in ] professional or technical societies, associations, agencies, or organizations that involve the engineering profession , through:

(A) Serving as an elected or appointed official;

(B) Serving on a committee of the organization;

(8) U.S. patents [ ~~Patents~~ ] issued.

(9) Engaging in self-directed study.

(10) Active participation in formal, organized educational outreach activities in coordination with a school or organization , including activities that build awareness or skills regarding engineering, that involve K-12 or higher education students.

(11) A passing score on the NCEES Principles and Practice of Engineering examination in accordance with §133.71 [ ~~§133.73~~ ] of this title (relating to Examination For Record Purposes [ ~~Results and Analysis~~ ]).

(g) To receive PDH units, all activities described in subsection (f) of this section must be relevant to the practice of engineering and may include educational, technical, ethical, or managerial content.

(h) The conversion of other units of credit to PDH units is as follows:

(1) 1 College or unit semester hour--15 PDH.

(2) 1 College or unit quarter hour--10 PDH.

(3) 1 Continuing Education Unit--10 PDH.

(4) 1 Hour of professional development in course work, seminars, or professional or technical presentations made at meetings, conventions, or conferences--1 PDH.

(5) 1 Hour of professional development through self-directed study--1 PDH (Not to exceed 10 [ 5 ] PDH per renewal period ).

(6) Each published paper, article, or book on a topic related to the practice of engineering --10 PDH.

(7) Active participation in the leadership or committee activities of a professional or technical society, association, agency, or organization that involves the engineering profession --1 PDH (Not to exceed 5 PDH per organization per calendar year and a maximum of 10 PDH per renewal period ).

(8) Active participation in formal, organized educational outreach activities--1 PDH (Not to exceed 6 [ 3 ] PDH per renewal period ).

(9) Each U.S. patent issued--15 PDH.

(10) Other activities shall be credited at 1 PDH for each hour of participation in the activity.

(11) A passing score on the NCEES Principles and Practice of Engineering examination in accordance with §133.71 [ ~~§133.73~~ ] of this title -- [ - ]14 PDH.

(i) Determination of Credit.

(1) The board shall be the final authority with respect to whether a course or activity meets the requirements of these rules.

(2) The board shall not pre-approve or endorse any CEP activities. It is the responsibility of each license holder to assure that all PDH credits claimed meet CEP requirements.

(3) Credit for college or community college approved courses will be based upon course credit established by the college.

(4) Credit for seminars and workshops will be based on one PDH unit for each hour of attendance. Attendance at programs presented at professional and/or technical society meetings will earn PDH units for the actual time of each program.

(5) Credit for self-directed study will be based on one PDH unit for each hour of study and is not to exceed 10 [ 5 ] PDH per renewal period. Credit determination for self-directed study is the responsibility of the license holder and subject to review as required by the board.

(6) Credit determination for activities described in subsection (h)(4) of this section is the responsibility of the license holder and subject to review as required by the board.

(7) Credit for activity described in subsection (h)(7) of this section requires that a license holder serve as an officer of the organization, actively participate in a committee of the organization, or serve in other official positions. 1 PDH credit [ ~~credits~~ ] is earned for each hour of active participation. [ ~~are not earned until the end of each year of service is completed.~~ ]

(8) Credit for teaching, instructing, or presenting each unique course or seminar may only be earned once per renewal period [ ~~Teaching credit is valid for teaching a course or seminar for the first time only~~ ].

(j) The license holder is responsible for maintaining records to be used to support credits claimed. Records required include, but are not limited to:

(1) information on [ ~~a log showing~~ ] the type of activity claimed, sponsoring organization, location, duration, instructor's or speaker's name, and PDH credits earned; and

(2) documentation to verify attendance [ ~~verification records~~ ] in the form of completion certificates , agendas, conference flyers or other documents supporting evidence of attendance.

(k) In accordance with §137.7(c) of this Chapter, relating to License Expiration and Renewal, the [ ~~The~~ ] license holder must certify that CEP requirements have been satisfied for that renewal period [ ~~year with the renewal application and fee~~ ]. If the CEP requirements have not been met, the license holder shall wait to renew the license until such time that they have been met or the license holder shall change the license to inactive status in accordance with §137.13, relating to Inactive Status.

(l) CEP records for each license holder must be maintained for a period of four [ ~~three~~ ] years by the license holder.

(m) CEP records for each license holder are subject to audit by the board or its authorized representative.

(1) Copies must be furnished, if requested, to the board or its authorized representative for audit verification purposes.

(2) If upon auditing a license holder, the board finds that the activities cited do not fall within the bounds of educational, technical, ethical, or professional management activities related to the practice of engineering; the board may require the license holder to acquire additional PDH as needed to fulfill the minimum CEP requirements.

(n) A license holder may be exempt from the professional development educational requirements for one of the following reasons listed in paragraphs (1) - (4) of this subsection:

(1) License [ ~~New license~~ ] holders shall be exempt prior to [ ~~for~~ ] their first renewal [ ~~period if the NCEES Principles and Practice of Engineering exam was taken within 12 months of the license issuance date~~ ].

(2) A license holder serving on active duty and deployed outside the United States, its possessions and territories, in or for the military service of the United States for a period of time exceeding one hundred twenty (120) consecutive days in a given year of the renewal period shall be exempt from obtaining 15 hours of [ ~~the~~ ] professional development hours [ ~~required~~ ] during that year. A licensee may be eligible for an exemption for each year of the renewal period. If selected for a CEP audit, a license holder claiming an exemption by reason of serving on active duty and deployed outside the United States, its possessions and territories, shall submit supporting documentation to demonstrate the license holder's eligibility for this exemption.

(3) License holders experiencing [ ~~physical~~ ] disability, illness, or other clearly extenuating circumstances that prevented the licensee's ability to work during a substantial period of either or both years of the renewal period may qualify for a partial or full exemption from the continuing education requirements for the renewal period. [ ~~as reviewed and approved by the board may be exempt. Supporting documentation must be furnished to the board.~~ ]

(A) If the disability, illness, or other extenuating circumstances only occurred during one year of the renewal period, an exemption of up to 15 hours may be claimed. If the disability, illness, or other extenuating circumstances occurred during the entire renewal period, an exemption of up to 30 hours may be claimed.

(B) If selected for a CEP audit, a license holder claiming an exemption by reason of disability, illness, or other clearly extenuating circumstances shall submit supporting documentation in the form of a sworn statement by the licensee, a statement from a licensed healthcare provider, or records documenting the disability, illness, or circumstances that prevented the licensee's participation in the continuing education program during a substantial period of the renewal period.

(C) If the board finds from the submitted documentation that good cause has been shown for a partial or full exemption, the board may exempt the licensee from the continuing education requirement for the renewal period in question.

(4) License holders who list their status as "Inactive" and who further certify that they are not providing professional engineering services in Texas shall be exempt from the professional development hours required.

(5) Documentation to support any claimed exemption must be supplied in response to a CEP audit [ ~~Exemptions must be claimed at the time of renewal~~ ].

(o) A license holder may bring an inactive license to active status by obtaining all delinquent PDH units and submitting copies of CEP records demonstrating compliance to the board or its authorized representative for verification purposes. If the license has been in inactive status for one year or less, the total number units of continuing education required to return to active status is 15. If the license has been in inactive status for more than one year [ ~~total number required to become current exceeds 30 units~~ ], then 30 units of continuing education shall be [ ~~the maximum number~~ ] required, and the hours acquired must be within the two years prior to reactivation.

(p) Noncompliance:

(1) If a license holder does not certify that CEP requirements have been met for a renewal period, the license shall be considered expired and subject to late fees and penalties.

(2) Failure to comply with CEP reporting requirements as listed in this section is a violation of board rules and shall be subject to sanctions.

(3) A determination by audit that CEP requirements or exemption eligibility have been falsely reported shall be considered to be misconduct and will subject the license holder to disciplinary action.

(4) If found to be noncompliant, the board may require additional audits of the license holder.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on October 1, 2025.

TRD-202503528

Lance Kinney

Executive Director

Texas Board of Professional Engineers and Land Surveyors

Earliest possible date of adoption: November 16, 2025

For further information, please call: (512) 440-7723

22 TAC §137.11

The Texas Board of Professional Engineers and Land Surveyors (Board) proposes the repeal of 22 Texas Administrative Code, Chapter 137, Subchapter A, specifically §137.11 regarding Expiration and Licensed in Another Jurisdiction.

BACKGROUND AND SUMMARY

During a recent rule review it was determined that this rule is no longer implemented in practice and there is no statutory directive or practical support to continue this rule. The provisions in this rule have not been used and applicants in the situation described by the rule have a pathway to licensure covered by §133.26.

Accordingly, §137.11 regarding Expiration and Licensed in Another Jurisdiction, is proposed to be repealed.

SECTION-BY-SECTION SUMMARY

The current §137.11 states that a person who was previously licensed and moved to another state and is currently licensed in another state may apply for a new license. This process is already covered by §133.26 related to Applications for Texas Licensure by License Holders in Another Jurisdiction. Therefore, §137.11 is not needed.

FISCAL IMPACT ON STATE AND LOCAL GOVERNMENT

Mr. Lance Kinney, Ph.D., P.E., Executive Director for the Board, has determined that for each year of the first five years the proposed repeal is in effect, there are no estimated additional costs or reductions in costs to state or local government as a result of enforcing or administering the proposed rules.

Mr. Kinney has determined that for each year of the first five years the proposed repeal is in effect, there is no estimated increase or loss in revenue to the state or local government as a result of enforcing or administering the proposed rules.

LOCAL EMPLOYMENT IMPACT STATEMENT

Mr. Kinney has determined that the proposed repeal will not affect the local economy, so the agency is not required to prepare a local employment impact statement under Government Code §2001.022.

PUBLIC BENEFITS

Mr. Kinney has determined that for each year of the first five-year period the proposed repeal is in effect, the public benefit will be the clarification of engineering licensure requirements and procedures.

PROBABLE ECONOMIC COSTS TO PERSONS REQUIRED TO COMPLY WITH PROPOSAL

Mr. Kinney has determined that for each year of the first five-year period the proposed repeal is in effect, there are no anticipated economic costs to persons who are required to comply with the proposed rules because no new requirements are part of the proposed rules.

FISCAL IMPACT ON SMALL BUSINESSES, MICRO-BUSINESSES, AND RURAL COMMUNITIES

There will be no adverse effect on small businesses, micro-businesses, or rural communities as a result of the proposed repeal. Since the agency has determined that the proposed rules will have no adverse economic effect on small businesses, micro-businesses, or rural communities, preparation of an Economic Impact Statement and a Regulatory Flexibility Analysis, as detailed under Texas Government Code §2006.002, is not required.

ONE-FOR-ONE REQUIREMENT FOR RULES WITH A FISCAL IMPACT

The proposed repeal does not have a fiscal note that imposes a cost on regulated persons, including another state agency, a special district, or a local government. Therefore, the agency is not required to take any further action under Government Code §2001.0045.

GOVERNMENT GROWTH IMPACT STATEMENT

Pursuant to Government Code §2001.0221, the agency provides the following Government Growth Impact Statement for the proposed rules. For each year of the first five years the proposed repeal is in effect, the agency has determined the following:

1. The proposed repeal does not create or eliminate a government program.

2. Implementation of the proposed repeal does not require the creation of new employee positions or the elimination of existing employee positions.

3. Implementation of the proposed repeal does not require an increase or decrease in future legislative appropriations to the agency.

4. The proposed repeal does not require an increase or decrease in fees paid to the agency.

5. The proposed repeal does not create a new regulation.

6. The proposed repeal does not increase the number of individuals subject to the rule's applicability.

7. The proposed repeal does not positively or adversely affect this state's economy.

TAKINGS IMPACT ASSESSMENT

The Board has determined that no private real property interests are affected by the proposed repeal and the proposed repeal does not restrict, limit, or impose a burden on an owner's rights to his or her private real property that would otherwise exist in the absence of government action. As a result, the proposed repeal does not constitute a taking or require a takings impact assessment under Government Code §2007.043.

ENVIRONMENTAL RULE ANALYSIS

The Board has determined that the proposed repeal is not brought with the specific intent to protect the environment or reduce risks to human health from environmental exposure; thus, the Board asserts the proposed rules are not a "major environmental rule," as defined by Government Code §2001.0225. As a result, the Board asserts preparation of an environmental impact analysis, as provided by §2001.0225, is not required.

PUBLIC COMMENTS

STATUTORY AUTHORITY

The proposed rule repeal is proposed pursuant to Texas Occupations Code §§1001.201 and 1001.202, which authorize the Board to regulate engineering and land surveying and make and enforce all rules and regulations and bylaws consistent with the Act as necessary for the performance of its duties, the governance of its own proceedings, and the regulation of the practices of engineering and land surveying in this state.

SECTIONS AFFECTED

The proposed rules implement the following sections of the law: Texas Occupations Code § 1001.311.

§137.11. Expiration and Licensed in Another Jurisdiction.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on October 1, 2025.

TRD-202503532

Lance Kinney

Executive Director

Texas Board of Professional Engineers and Land Surveyors

Earliest possible date of adoption: November 16, 2025

For further information, please call: (512) 440-7723

SUBCHAPTER D. FIRM AND GOVERNMENTAL ENTITY COMPLIANCE

22 TAC §137.75

The Texas Board of Professional Engineers and Land Surveyors (Board) proposes amendments to 22 Texas Administrative Code, Chapter 137, Subchapter D, regarding firm and governmental entity compliance, specifically §137.75 Registration Renewal and Expiration.

BACKGROUND AND SUMMARY

The proposed rule amendments are required to implement the provisions of Senate Bill 681 (89th Regular Session 2025). In summary, SB 681 requires the Texas Board of Professional Engineers and Land Surveyors (TBPELS) to change all Professional Engineer (PE), Registered Professional Land Surveyor (RPLS), engineering firm, and surveying firm renewals from an annual cycle to a 2-year cycle.

SECTION-BY-SECTION SUMMARY

The proposed rule amends §137.75 to remove language related to annual renewals and adds that an engineering firm registration shall be renewed every two years. The amendment also clarifies that the renewal date will be assigned and specified in board records.

FISCAL IMPACT ON STATE AND LOCAL GOVERNMENT

Mr. Kinney has determined that for each year of the first five years the proposed rule is in effect, there is no estimated increase or loss in revenue to the state or local government as a result of enforcing or administering the proposed rule.

LOCAL EMPLOYMENT IMPACT STATEMENT

Mr. Kinney has determined that the proposed rule will not affect the local economy, so the agency is not required to prepare a local employment impact statement under Government Code §2001.022.

PUBLIC BENEFITS

Mr. Kinney has determined that for each year of the first five-year period the proposed rule is in effect, the public benefit will be implementation of SB 681, including two-year renewals for engineering firms.

PROBABLE ECONOMIC COSTS TO PERSONS REQUIRED TO COMPLY WITH PROPOSAL

FISCAL IMPACT ON SMALL BUSINESSES, MICRO-BUSINESSES, AND RURAL COMMUNITIES

ONE-FOR-ONE REQUIREMENT FOR RULES WITH A FISCAL IMPACT

GOVERNMENT GROWTH IMPACT STATEMENT

Pursuant to Government Code §2001.0221, the agency provides the following Government Growth Impact Statement for the proposed rule. For each year of the first five years the proposed rule is in effect, the agency has determined the following:

1. The proposed rule does not create or eliminate a government program.

2. Implementation of the proposed rule does not require the creation of new employee positions or the elimination of existing employee positions.

3. Implementation of the proposed rule does not require an increase or decrease in future legislative appropriations to the agency.

4. The proposed rule does not require an increase or decrease in fees paid to the agency.

5. The proposed rule does not create a new regulation.

6. The proposed rule does not expand an existing regulation.

7. The proposed rule does not increase the number of individuals subject to the rule's applicability.

8. The proposed rule does not positively or adversely affect this state's economy.

TAKINGS IMPACT ASSESSMENT

ENVIRONMENTAL RULE ANALYSIS

PUBLIC COMMENTS

STATUTORY AUTHORITY

SECTIONS AFFECTED

The proposed rule implements the following sections of the law: Texas Occupations Code § 1001.351.

§137.75. Registration Renewal and Expiration.

(a) The certificate of registration must be renewed every two years. The certificate of registration shall expire on the date assigned by the board and as specified in the board's records. [~~shall be valid until the last day of the twelfth month following the date of issuance of the certificate of registration.~~] At least one month in advance of the date of the expiration, the board shall notify each firm holding a certificate of registration of the date of the expiration and the amount of the fee that shall be required for its renewal. [~~for one year.~~] The renewal notice shall be mailed to the last address provided by the firm to the board. The certificate of registration may be renewed by completing the renewal application and paying the [~~annual registration~~] renewal fee set by the board. It is the sole responsibility of the firm to pay the required renewal fee prior to the expiration date, regardless of whether the renewal notice is received.

(b) A certificate of registration which has been expired for less than one year may be renewed by completing the renewal statement sent by the board and payment of a late renewal fee [~~two (2) times the normal renewal fee.~~]. When renewing an expired certificate of registration, the authorized official of the firm shall submit a written a statement of whether engineering services were offered, pending, or performed for the public in Texas during the time the certificate of registration was expired.

(c) If a certificate of registration has been expired for more than one year, the firm must re-apply for certification under the laws and rules in effect at the time of the new application and shall be issued a new certificate of registration serial number if the new application is approved.

(d) The renewal fee will not be refunded.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on October 1, 2025.

TRD-202503530

Lance Kinney

Executive Director

Texas Board of Professional Engineers and Land Surveyors

Earliest possible date of adoption: November 16, 2025

For further information, please call: (512) 440-7723

CHAPTER 138. COMPLIANCE AND PROFESSIONALISM FOR SURVEYORS

SUBCHAPTER A. INDIVIDUAL AND SURVEYOR COMPLIANCE

22 TAC §§138.7, 138.9, 138.13, 138.17

The Texas Board of Professional Engineers and Land Surveyors (Board) proposes amendments to 22 Texas Administrative Code, Chapter 138, Subchapter A, regarding individual and surveyor compliance, specifically §138.7 License or Registration Expiration and Renewal, §138.9 Renewal for Expired License or Registration, §138.13 Inactive Status, and §138.17 Continuing Education.

BACKGROUND AND SUMMARY

SECTION-BY-SECTION SUMMARY

The proposed rules amend §138.7 to remove language related to annual renewals and adds that a surveying registration shall be renewed every two years. The amendment also removes a specific renewal date and clarifies that the renewal date will be specified in board records and indicated on the renewal form.

The proposed rules amend §138.9 to remove language related to annual renewals.

The proposed rules amend §138.13 to remove language related to annual renewals.

The proposed rules amend §138.17 to remove language related to annual renewals, clarifies language related to acceptable continuing education activities, and includes a procedure for continuing education exemptions due to disability, illness, or other extenuating circumstances.

FISCAL IMPACT ON STATE AND LOCAL GOVERNMENT

LOCAL EMPLOYMENT IMPACT STATEMENT

Mr. Kinney has determined that the proposed rules will not affect the local economy, so the agency is not required to prepare a local employment impact statement under Government Code §2001.022.

PUBLIC BENEFITS

PROBABLE ECONOMIC COSTS TO PERSONS REQUIRED TO COMPLY WITH PROPOSAL

FISCAL IMPACT ON SMALL BUSINESSES, MICRO-BUSINESSES, AND RURAL COMMUNITIES

ONE-FOR-ONE REQUIREMENT FOR RULES WITH A FISCAL IMPACT

GOVERNMENT GROWTH IMPACT STATEMENT

1. The proposed rules do not create or eliminate a government program.

2. Implementation of the proposed rules do not require the creation of new employee positions or the elimination of existing employee positions.

3. Implementation of the proposed rules do not require an increase or decrease in future legislative appropriations to the agency.

4. The proposed rules do not require an increase or decrease in fees paid to the agency.

5. The proposed rules do not create a new regulation.

6. The proposed rules do not increase the number of individuals subject to the rule's applicability.

7. The proposed rules do not positively or adversely affect this state's economy.

TAKINGS IMPACT ASSESSMENT

ENVIRONMENTAL RULE ANALYSIS

PUBLIC COMMENTS

STATUTORY AUTHORITY

The proposed rules are proposed pursuant to Texas Occupations Code §§1001.201 and 1001.202, which authorize the Board to regulate engineering and land surveying and make and enforce all rules and regulations and bylaws consistent with the Act as necessary for the performance of its duties, the governance of its own proceedings, and the regulation of the practices of engineering and land surveying in this state.

SECTIONS AFFECTED

The proposed rules implement the following sections of the law: Texas Occupations Code §§ 1071.301 and 1071.305.

§138.7. License or Registration Expiration and Renewal.

(a) A license or registration holder must renew the license every two years [~~annually~~] to continue to practice land surveying under the provisions of the Surveying Act. If the license or registration renewal requirements are not met by the expiration date of the license or registration, the license or registration shall expire and the license or registration holder may not engage in surveying activities that require a license or registration until the renewal requirements have been met.

(b) Pursuant to §1001.275 of the Act, the board will mail a renewal notice to the last recorded address on file with the board of each license or registration holder at least 30 days prior to the date a person's license or registration is to expire. Regardless of whether the renewal notice is received, the license or registration holder has the sole responsibility to pay the required renewal fee together with any applicable late fees at the time of payment.

(2) the continuing education program documentation as required in §138.17 of this chapter (relating to Continuing Education Program) to the board prior to the expiration date of the license; and

(3) documentation of submittal of fingerprints for criminal history record check as required by §1001.277 of the Act, unless previously submitted to the board.

(d) Licenses and registrations shall expire on the date assigned by the board and as specified in the board's records. The renewal date will be specified on the applicable renewal form [~~will expire on December 31~~].

(e) A license holder who, at the time of his or her [~~annual~~] renewal, has any unpaid administrative penalty owed to the Board or who has failed to comply with any term or condition of a Consent Order, Agreed Board Order, or a Final Board Order shall not be allowed to renew his or her license or registration to practice surveying until such time as the administrative penalty is paid in full or the term or condition is satisfied unless otherwise authorized by the Consent Order, Agreed Board Order, or a Final Board Order.

§138.9. Renewal for Expired License or Registration.

(a) A license or registration holder may renew a license or registration that has expired for 90 days or less by submitting to the board the required [~~annual~~] renewal fee, a late renewal fee, and the continuing professional education documentation as required in §138.17 of this chapter (relating to Continuing Professional Education).

(b) A license or registration holder may renew a license or registration that has expired for more than 90 days but less than one year by submitting to the board the required [~~annual~~] renewal fee, a late renewal fee, and the continuing professional education documentation as required in §138.17 of this chapter.

(c) A license or registration holder may renew a license or registration that has expired for more than one year but less than two years by submitting to the board the required [~~annual~~] renewal fee, a late renewal fee, and the continuing professional education documentation as required in §138.17 of this chapter for each delinquent year or part of a year.

(d) A license or registration which has been expired for two years may not be renewed, but the former license holder may apply for a new license or registration as provided in the current Surveying Act and applicable board rules. Military service members, as defined in Texas Occupations Code, §55.001(4), may be granted up to two years of additional time to renew a license or registration.

(e) Renewal [~~Annual renewal~~] fees or late renewal fees will not be refunded unless incorrect fee was assessed through a documented procedural error by Board staff.

(f) In strict accordance with the provisions of the Texas Family Code, Chapter 232, pertaining to delinquent child support, if a license or registration holder's name has been provided by the OAG (Office of the Attorney General) as being in default of child support, the board shall not renew the license or registration of the license or registration holder on the renewal date following such notification. The board shall not renew or reinstate said license or registration unless the OAG certifies the individual has satisfied the requirements of the Texas Family Code, Chapter 232.

(g) Pursuant to Texas Occupations Code Chapter 55, a license or registration holder is exempt from any penalty imposed in this section for failing to renew the license or registration in a timely manner if the license or registration holder provides adequate documentation, including copies of orders, to establish to the satisfaction of the board that the license or registration holder failed to renew in a timely manner because the license or registration holder was serving as a military service member as defined in Texas Occupations Code, §55.001(4).

§138.13. Inactive Status.

(a) A license or registration holder may request in writing to change the status of the license or registration to "inactive" at any time. A license or registration holder whose license or registration is inactive may not practice surveying. A license or registration holder who has requested inactive status shall not receive any refunds for licensing or registration fees previously paid to the board.

(b) A license or registration holder whose license or registration is inactive must pay an inactive renewal [~~annual~~] fee as established by the board at the time of the renewal. If the inactive renewal fee is not paid by the date a person's license or registration is to expire, the inactive renewal fee for the expired license or registration shall be increased in the same manner as for an active license or registration renewal fee.

(1) comply with the continuing professional education requirements adopted by the board; or

(2) take an examination for reinstatement to active status.

(d) To return to active status, a license or registration holder whose license or registration is inactive must:

(1) submit a request in writing for reinstatement to active status;

(2) pay the fee for [~~annual~~] renewal, as applicable;

(3) provide documentation of submittal of fingerprints for criminal history record check as required by §1001.277 of the Act, unless previously submitted to the board; and

(4) comply with the continuing professional education requirements for inactive license or registration holders returning to practice as prescribed in §138.17 of this chapter (relating to Continuing Professional Education).

(e) A license or registration holder may claim inactive status and return to active status only once during the [~~year~~] period determined by the renewal schedule of the license or registration. If a license or registration holder claims inactive status and returns to active status during the same [~~annual~~] renewal period, the license or registration holder shall comply with the full continuing professional education requirements for that renewal period [~~year~~].

(f) A license or registration holder claiming inactive status may use any term allowed for an active license or registration holder followed by the term "Inactive" or "Retired" on business cards, stationery and other forms of correspondence. Failure to note inactive status in this manner is a violation of the Acts and board rules and is grounds for disciplinary action by the board.

(g) A license or registration holder on inactive status may provide a reference statement for an applicant for licensure or registration.

(h) Offering or performing surveying services to the public while the license or registration is inactive is a violation of the inactive status and is grounds for disciplinary action by the board.

§138.17. Continuing Education.

(a) Each license or registration holder shall meet the Continuing Education (CE) requirements for professional development as a condition for license or registration renewal.

(b) Terms used in this section are defined as follows:

(1) Professional Development Hour (PDH)--A contact hour (clock hour) of CE activity. PDH is the basic unit for CE reporting.

(3) College/Unit Semester/Quarter Hour--Credit for course in ABET-approved program or other related college course.

(5) Self-directed study--Time spent engaging in professional development that is not otherwise identified in this rule. (Examples include, but are not limited to: reading/reviewing trade magazines, [or] books, or the Texas Engineering Practice Act, the Professional Land Surveying Practices Act, and Board rules; watching tutorials; [,] and viewing other online content.)

(d) A minimum of 4 [3] PDH units per renewal period must be in the area of professional ethics, roles and responsibilities of professional surveying, case law impacting professional surveying in Texas, or review of the Acts and Board Rules. [~~PDH units carried forward may not be counted to meet the professional ethics requirement.~~]

(e) A license or registration holder may not carry forward PDH units into the subsequent renewal period. [If a license or registration holder exceeds the annual requirement in any renewal period, a maximum of 9 PDH units may be carried forward into the subsequent renewal period. Professional Development Hours must not be anticipated and cannot be used for more than one renewal period.]

(f) PDH units may be earned as follows:

(1) Successful completion or auditing of college credit courses.

(3) Successful completion of correspondence, on-line, televised, videotaped, and other short courses/tutorials.

(4) Attendence of [~~Presenting or attending~~] seminars, in-house courses, workshops, or professional or technical presentations made at meetings, conventions, or conferences sponsored by a corporation, other business entity, professional or technical societies, associations, agencies, or organizations, or other groups.

(5) Teaching, presenting, or instructing as listed in paragraphs (1) through (4) of this subsection.

(6) Authoring published papers, articles, books, or accepted licensing or registration examination items.

(7) Active participation in the leadership or committee activities of professional or technical societies, associations, agencies, or organizations that involve the surveying profession, through:

(A) Serving as an elected or appointed official;

(B) Serving on a committee of the organization; or

(8) U.S. Patents issued.

(9) Engaging in self-directed study.

(10) Active participation in formal, organized educational outreach activities in coordination with a school or organization, including activities that build awareness or skills regarding surveying that involve K-12 or higher education students.

~~[(11) A passing score on the Principles and Practice of Surveying examination in accordance with §134.73 of this title (relating to Examination Results and Analysis).]~~

(g) All activities described in subsection (f) of this section shall be relevant to the practice of professional land surveying and may include educational, technical, ethical, or managerial content.

(h) The conversion of other units of credit to PDH units is as follows:

(1) 1 College or unit semester hour--15 PDH.

(2) 1 College or unit quarter hour--10 PDH.

(3) 1 Continuing Education Unit--10 PDH.

(4) 1 Hour of professional development in course work, seminars, or professional or technical presentations made at meetings, conventions, or conferences--1 PDH.

(5) 1 Hour of professional development through self-directed study--1 PDH (Not to exceed 8 [4] PDH per renewal period).

(6) Each published paper, article, or book on a topic related to the practice of professional surveying--10 PDH.

(7) Active participation in the leadership or committee activities of a professional or technical society, association, agency, or organization that involves the surveying profession--1 PDH (Not to exceed 5 PDH per organization per calendar year and a maximum of 10 PDH per renewal period).

(8) Active participation in formal, organized educational outreach activities--1 PDH (Not to exceed 6 [3] PDH per renewal period).

(9) Each U.S. patent issued--15 PDH.

(10) Other activities shall be credited at 1 PDH for each hour of participation in the activity.

~~[(11) A passing score on the Principles and Practice of Surveying examination in accordance with §134.73 of this title - 9 PDH.]~~

(i) Determination of Credit.

(1) The board shall be the final authority with respect to whether a course or activity meets the requirements of these rules.

(2) The board shall not pre-approve or endorse any CE activities. It is the responsibility of each license or registration holder to assure that all PDH credits claimed meet CE requirements.

(3) Credit for college or community college approved courses will be based upon course credit established by the college.

(5) Credit for self-directed study will be based on one PDH unit for each hour of study and is not to exceed 8 [4] PDH per renewal period. Credit determination for self-directed study is the responsibility of the license or registration holder and subject to review as required by the board.

(6) Credit determination for activities described in subsection (h)(4) of this section is the responsibility of the license or registration holder and subject to review as required by the board.

(7) Credit for activity described in subsection (h)(7) of this section requires that a license or registration holder serve as an officer of the organization, actively participate in a committee of the organization, or serve in other official positions. 1 PDH credit is earned for each hour of active participation. [~~credits are not earned until the end of each year of service is completed.~~]

(8) Credit for teaching, instructing, or presenting each unique course or seminar may only be earned once per renewal period. [~~Teaching credit is valid for teaching a course or seminar for the first time only.~~]

(j) The license or registration holder is responsible for maintaining records to be used to support credits claimed. Records required include, but are not limited to:

(1) information on [~~a log showing~~] the type of activity claimed, sponsoring organization, location, duration, instructor's or speaker's name, and PDH credits earned; and

(2) documentation to verify attendance [~~verification records~~] in the form of completion certificates, agendas, conference flyers, or other documents supporting evidence of attendance.

(k) In accordance with §138.7(c) of this chapter (relating to License or Registration Expiration or Renewal), the [~~The~~] license or registration holder must certify that CE requirements have been satisfied for that renewal period [~~year with the renewal application and fee~~]. If the CEP requirements have not been met, the registration holder shall wait to renew the registration until such time that they have been met or the registration holder shall change the registration to inactive status in accordance with Section 138.13 of this Chapter, relating to Inactive Status.

(l) CE records for each license or registration holder must be maintained for a period of four [~~three~~] years by the license holder.

(m) CE records for each license or registration holder are subject to audit by the board or its authorized representative.

(1) Copies must be furnished, if requested, to the board or its authorized representative for audit verification purposes.

(2) If upon auditing a license or registration holder, the board finds that the activities cited do not fall within the bounds of educational, technical, ethical, or professional management activities related to the practice of surveying; the board may require the license or registration holder to acquire additional PDH as needed to fulfill the minimum CE requirements.

(n) A license or registration holder may be exempt from the continuing education requirements for one of the following reasons listed in paragraphs (1) - (4) of this subsection:

(1) License or registration [~~New license~~] holders shall be exempt prior to [~~for~~] their first renewal. [~~period if the Principles and Practice of surveying exam was taken within 12 months of the license or registration issuance date.~~]

(2) A license or registration holder serving on active duty and deployed outside the United States, its possessions and territories, in or for the military service of the United States for a period of time exceeding one hundred twenty (120) consecutive days in a given year of the renewal period shall be exempt from obtaining 15 hours of professional development hours [~~the continuing education hours required~~] during that year. A registration holder may be eligible for an exemption each year of the renewal period. If selected for a CEP audit, a registration holder claiming an exemption by reason of serving on active duty and deployed outside the United States, its possessions and territories, shall submit supporting documentation to demonstrate the registration holder's eligibility for this exemption.

(3) License or registration holders experiencing [~~physical~~] disability, illness, or other clearly extenuating circumstances that prevented the license or registration holder's ability to work during a substantial period of either or both years of the renewal period may qualify for a partial of full exemption from the continuing education requirements for the renewal period. [~~as reviewed and approved by the board may be exempt. Supporting documentation must be furnished to the board.~~]

(A) If the disability, illness, or other extenuating circumstances only occurred during one year of the renewal period, an exemption of up to 12 hours may be claimed. If the disability, illness, or other extenuating circumstances occurred during the entire renewal period, an exemption of up to 24 hours may be claimed.

(B) If selected for a CEP audit, a license or registration holder claiming an exemption by reason of disability, illness, or other clearly extenuating circumstances shall submit supporting documentation in the form of a sworn statement by the license or registration holder, a statement from a licensed healthcare provider, or records documenting the physical disability, illness, or circumstances that prevented the license or registration holder's participation in the continuing education program during a substantial period of the renewal period.

(C) If the board finds from the submitted documentation that good cause has been shown for a partial or full exemption, the board may exempt the license or registration holder from the continuing education requirement for the renewal period in question.

(4) License or registration holders who list their status as "Inactive" and who further certify that they are not providing professional surveying services in Texas shall be exempt from the continuing education hours required.

(5) Documentation to support any claimed exemption must be supplied in response to a CEP audit. [~~Exemptions must be claimed at the time of renewal.~~]

(o) A license or registration holder may bring an inactive license to active status by obtaining all delinquent PDH units and submitting copies of CE records demonstrating compliance to the board or its authorized representative for verification purposes. If the license or registration holder has been in inactive status for one year or less, the total number of units of continuing education required to return to active status is 12. If the license or registration holder has been in inactive status for more than one year, [~~total number required to become current exceeds 24 units,~~] then 24 units of continuing education shall be [~~the maximum number~~] required to return to active status, and the hours acquired must be within the two years prior to reactivation.

(p) Noncompliance:

(1) If a license or registration holder does not certify that CE requirements have been met for a renewal period, the license or registration shall be considered expired and subject to late fees and penalties.

(2) Failure to comply with CE reporting requirements as listed in this section is a violation of board rules and shall be subject to sanctions.

(3) A determination by audit that CE requirements or exemption eligibility have been falsely reported shall be considered to be misconduct and will subject the license or registration holder to disciplinary action.

(4) If found to be noncompliant, the board may require additional audits of the license or registration holder.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on October 1, 2025.

TRD-202503529

Lance Kinney

Executive Director

Texas Board of Professional Engineers and Land Surveyors

Earliest possible date of adoption: November 16, 2025

For further information, please call: (512) 440-7723

22 TAC §138.11

The Texas Board of Professional Engineers and Land Surveyors (Board) proposes the repeal of 22 Texas Administrative Code, Chapter 138, Subchapter A, specifically §138.11 regarding Expiration and Licensed or Registered in Another Jurisdiction.

BACKGROUND AND SUMMARY

Accordingly, §138.11 regarding Expiration and Licensed or Registered in Another Jurisdiction, is proposed to be repealed.

SECTION-BY-SECTION SUMMARY

The current §138.11 states that a person who was previously licensed and moved to another state and is currently licensed in another state may apply for a new license. This process is already covered by §134.25 related to Applications from Out-Of-State Registration Holders. Therefore, §138.11 is not needed.

FISCAL IMPACT ON STATE AND LOCAL GOVERNMENT

LOCAL EMPLOYMENT IMPACT STATEMENT

Mr. Kinney has determined that the proposed repeal will not affect the local economy, so the agency is not required to prepare a local employment impact statement under Government Code §2001.022.

PUBLIC BENEFITS

Mr. Kinney has determined that for each year of the first five-year period the proposed repeal is in effect, the public benefit will be the clarification of surveying licensure requirements and procedures.

PROBABLE ECONOMIC COSTS TO PERSONS REQUIRED TO COMPLY WITH PROPOSAL

FISCAL IMPACT ON SMALL BUSINESSES, MICRO-BUSINESSES, AND RURAL COMMUNITIES

ONE-FOR-ONE REQUIREMENT FOR RULES WITH A FISCAL IMPACT

GOVERNMENT GROWTH IMPACT STATEMENT

Pursuant to Government Code §2001.0221, the agency provides the following Government Growth Impact Statement for the proposed rules. For each year of the first five years the proposed repeal is in effect, the agency has determined the following:

1. The proposed repeal does not create or eliminate a government program.

2. Implementation of the proposed repeal does not require the creation of new employee positions or the elimination of existing employee positions.

3. Implementation of the proposed repeal does not require an increase or decrease in future legislative appropriations to the agency.

4. The proposed repeal does not require an increase or decrease in fees paid to the agency.

5. The proposed repeal does not create a new regulation.

6. The proposed repeal does not increase the number of individuals subject to the rule's applicability.

7. The proposed repeal does not positively or adversely affect this state's economy.

TAKINGS IMPACT ASSESSMENT

ENVIRONMENTAL RULE ANALYSIS

PUBLIC COMMENTS

STATUTORY AUTHORITY

SECTIONS AFFECTED

The proposed rules implement the following sections of the law: Texas Occupations Code § 1071.259.

§138.11. Expiration and Licensed or Registered in Another Jurisdiction.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on October 1, 2025.

TRD-202503533

Lance Kinney

Executive Director

Texas Board of Professional Engineers and Land Surveyors

Earliest possible date of adoption: November 16, 2025

For further information, please call: (512) 440-7723

SUBCHAPTER D. FIRM AND GOVERNMENT ENTITY COMPLIANCE

22 TAC §138.75

The Texas Board of Professional Engineers and Land Surveyors (Board) proposes amendments to 22 Texas Administrative Code, Chapter 138, Subchapter D, regarding firm and governmental entity compliance, specifically §138.75 Registration Renewal and Expiration.

BACKGROUND AND SUMMARY

SECTION-BY-SECTION SUMMARY

The proposed rules amend §138.75 to remove language related to annual renewals and adds that a surveying firm registration shall be renewed every two years. The amendment also clarifies that the renewal date will be assigned and specified in board records.

FISCAL IMPACT ON STATE AND LOCAL GOVERNMENT

LOCAL EMPLOYMENT IMPACT STATEMENT

Mr. Kinney has determined that the proposed rules will not affect the local economy, so the agency is not required to prepare a local employment impact statement under Government Code §2001.022.

PUBLIC BENEFITS

PROBABLE ECONOMIC COSTS TO PERSONS REQUIRED TO COMPLY WITH PROPOSAL

FISCAL IMPACT ON SMALL BUSINESSES, MICRO-BUSINESSES, AND RURAL COMMUNITIES

ONE-FOR-ONE REQUIREMENT FOR RULES WITH A FISCAL IMPACT

GOVERNMENT GROWTH IMPACT STATEMENT

1. The proposed rules do not create or eliminate a government program.

2. Implementation of the proposed rules do not require the creation of new employee positions or the elimination of existing employee positions.

3. Implementation of the proposed rules do not require an increase or decrease in future legislative appropriations to the agency.

4. The proposed rules do not require an increase or decrease in fees paid to the agency.

5. The proposed rules do not create a new regulation.

6. The proposed rules do not increase the number of individuals subject to the rule's applicability.

7. The proposed rules do not positively or adversely affect this state's economy.

TAKINGS IMPACT ASSESSMENT

ENVIRONMENTAL RULE ANALYSIS

PUBLIC COMMENTS

STATUTORY AUTHORITY

The proposed rules are proposed pursuant to Texas Occupations Code §§1001.201 and 1001.202, which authorize the Board to regulate engineering and land surveying and make and enforce all rules and regulations and bylaws consistent with the Act as necessary for the performance of its duties, the governance of its own proceedings, and the regulation of the practices of engineering and land surveying in this state.

SECTIONS AFFECTED

The proposed rules implement the following sections of the law: Texas Occupations Code § 1071.301.

§138.75. Registration Renewal and Expiration.

(a) The certificate of registration must be renewed every two years. [~~shall be valid until December 31 of the year registered.~~] The certificate of registration shall expire on the date assigned by the board and as specified in the board's records. The board shall notify each firm holding a certificate of registration of the date of the expiration and the amount of the fee that shall be required for its renewal [~~for one year~~], at least one month in advance of the date of the expiration. The renewal notice shall be mailed to the last address provided by the firm to the board. The certificate of registration may be renewed by completing the renewal application and paying [~~the annual~~] registration renewal fee set by the board. It is the sole responsibility of the firm to pay the required renewal fee prior to the expiration date, regardless of whether the renewal notice is received.

(b) A certificate of registration which has been expired for less than one year may be renewed by completing the renewal statement sent by the board and payment of a late renewal fee. [~~two (2) times the normal renewal fee.~~] When renewing an expired certificate of registration, the authorized official of the firm shall submit a written a statement of whether surveying services were offered, pending, or performed for the public in Texas during the time the certificate of registration was expired.

(d) The renewal fee will not be refunded.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on October 1, 2025.

TRD-202503531

Lance Kinney

Executive Director

Texas Board of Professional Engineers and Land Surveyors

Earliest possible date of adoption: November 16, 2025

For further information, please call: (512) 440-7723

CHAPTER 139. ENFORCEMENT

The Texas Board of Professional Engineers and Land Surveyors (Board) proposes amendments to 22 Texas Administrative Code, Chapter 139, regarding Enforcement, and specifically §139.35, relating to Sanctions and Penalties - Engineering, §139.37, relating to Sanctions and Penalties - Surveying, and §139.43 relating to License or Registration Holder with Criminal Conviction. The Board also proposes a new rule: §139.22, a proposed rule relating to reporting complaints made against licenses issue to military service members, military veterans, or military spouses. These proposed changes are referred to as "proposed rules."

BACKGROUND AND SUMMARY

The rules under 22 Texas Administrative Code, Chapter 139 implement Texas Occupations Code, Chapter 1001, the Texas Engineering Practice Act; and Texas Occupations Code Chapter 1071, the Professional Land Surveying Practices Act. The proposed rules are necessary to implement the provisions of two bills passed during the 89th Regular Legislative Session. Specifically, Senate Bill 1080 requires the Board to amend its rules to address the method in which the Board considers criminal convictions of applicants and licensees and House Bill 5629, which requires the Board to track and report complaints against any military service member, military veteran, or military spouse that was licensed under the provisions of Texas Occupations Code, Chapter 55 or whose out of state license was recognized under the provision of Texas Occupations Code, Chapter 55. The proposed rules also clarify existing Board rules and delete an outdated citation.

SECTION-BY-SECTION SUMMARY

The proposed rules add new rule §139.22 to implement the provisions of House Bill 5629. Specifically, the Board must maintain a record of each complaint made against a military service member, military veteran, or military spouse who was either issued a license or whose out-of-state license was recognized in accordance with the provisions of Texas Occupations Code, Chapter 55, relating to Licensing of Military Service Members, Military Veterans, and Military Spouses. This record must be published on the Board's website and updated quarterly to add any new complaints and a general description of the disposition of each complaint.

The proposed rules amend §139.35 to update the sanction tables for engineers as they relate to amendments to §139.43 which is discussed below. Specifically, the Board will now have the ability to evaluate the appropriate enforcement action to take against an engineering licensee who was imprisoned based on a felony conviction. Also, the Board is deleting a row of the sanction table that refers to a rule provision that was repealed in 2022 but was inadvertently not deleted from the sanction table.

The proposed rules amend §139.37 to update the sanction tables for surveyors as they relate to amendments to §139.43 which is discussed below. Specifically, the Board will now have the ability to evaluate the appropriate enforcement action to take against a surveying registrant or licensee who was imprisoned based on a felony conviction.

The proposed rules amend §139.43 to incorporate the provisions of Senate Bill 1080. This bill updated Texas Occupations Code, Chapter 53, relating to Consequences of Criminal Conviction. Specifically, the Board will now have the ability to evaluate the appropriate enforcement action to take against a surveying registrant or licensee who was imprisoned based on a felony conviction. The amended §139.43 mirrors the updated language found in Texas Occupations Code §53.021.

FISCAL IMPACT ON STATE AND LOCAL GOVERNMENT

LOCAL EMPLOYMENT IMPACT STATEMENT

Dr. Kinney has determined that the proposed rules will not affect the local economy, so the agency is not required to prepare a local employment impact statement under Government Code §2001.022.

PUBLIC BENEFITS

Dr. Kinney has determined that for each year of the first five-year period the proposed rules are in effect, the public benefit will be clarification of rules to be consistent with updated statutes.

PROBABLE ECONOMIC COSTS TO PERSONS REQUIRED TO COMPLY WITH PROPOSAL

FISCAL IMPACT ON SMALL BUSINESSES, MICRO-BUSINESSES, AND RURAL COMMUNITIES

ONE-FOR-ONE REQUIREMENT FOR RULES WITH A FISCAL IMPACT

GOVERNMENT GROWTH IMPACT STATEMENT

1. The proposed rules do not create or eliminate a government program.

2. Implementation of the proposed rules do not require the creation of new employee positions or the elimination of existing employee positions.

3. Implementation of the proposed rules do not require an increase or decrease in future legislative appropriations to the agency.

4. The proposed rules do not require an increase or decrease in fees paid to the agency.

5. The proposed rules do not create a new regulation.

6. The proposed rules do expand an existing regulation.

7. The proposed rules do not increase the number of individuals subject to the rule's applicability.

8. The proposed rules do not positively or adversely affect this state's economy.

TAKINGS IMPACT ASSESSMENT

ENVIRONMENTAL RULE ANALYSIS

PUBLIC COMMENTS

SUBCHAPTER B. COMPLAINT PROCESS AND PROCEDURES

22 TAC §139.22

STATUTORY AUTHORITY

SECTIONS AFFECTED

The proposed rules implement the following sections of the law: Texas Occupations Code §§ 53.021, 55.0043, 1001.2035, 1001.272, 1001.277.

§139.22. Reporting Complaints Made Against Licenses Issued to Military Service Members, Military Veterans, or Military Spouses.

(a) In accordance with Texas Occupations Code §55.0043, the executive director shall maintain a record of each complaint made against a military service member, military veteran, or military spouse who was issued a license or whose out-of-state license was recognized under §133.29 of this title (relating to Application For Licensure For Military Service Members, Military Veterans, And Military Spouses) or §134.29 of this title (relating to Application For Licensure For Military Service Members, Military Veterans, And Military Spouses.)

(b) At least quarterly, the executive director shall publish on the Board's website the record of complaints kept in accordance with subsection (a) of this section and, as available, a general description of the disposition of each complaint.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on October 1, 2025.

TRD-202503509

Lance Kinney

Executive Director

Texas Board of Professional Engineers and Land Surveyors

Earliest possible date of adoption: November 16, 2025

For further information, please call: (512) 440-7723

SUBCHAPTER C. ENFORCEMENT PROCEEDINGS

22 TAC §139.35, §139.37

STATUTORY AUTHORITY

SECTIONS AFFECTED

The proposed rules implement the following sections of the law: Texas Occupations Code §§ 53.021, 55.0043, 1001.2035, 1001.272, 1001.277.

§139.35. Sanctions And Penalties - Engineering.

(a) (No change.)

(b) The following is a table of suggested sanctions the board may impose against license holders for specific violations of the Act or board rules. NOTE: In consideration of subsection (a)(1) - (6) of this section, the sanction issued may be less than or greater than the suggested sanctions shown in the following table. Also, for those suggested sanctions that list "suspension", all or any portion of the sanction could be probated depending on the severity of each violation and the specific case evidence.

Figure: 22 TAC §139.35(b) (.pdf)

[~~Figure: 22 TAC §139.35(b)~~]

§139.37. Sanctions And Penalties - Surveying.

(a) (No change.)

Figure: 22 TAC §139.37(b) (.pdf)

[~~Figure: 22 TAC §139.37(b)~~]

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on October 1, 2025.

TRD-202503510

Lance Kinney

Executive Director

Texas Board of Professional Engineers and Land Surveyors

Earliest possible date of adoption: November 16, 2025

For further information, please call: (512) 440-7723

SUBCHAPTER D. SPECIAL DISCIPLINARY PROVISIONS FOR LICENSE HOLDERS

22 TAC §139.43

STATUTORY AUTHORITY

SECTIONS AFFECTED

The proposed rules implement the following sections of the law: Texas Occupations Code §§ 53.021, 55.0043, 1001.2035, 1001.272, 1001.277.

§139.43. License Or Registration Holder With Criminal Convictions.

(a) The board shall follow the requirements of Chapter 53, Texas Occupations Code, and shall revoke the license or registration of any license or registration holder on the grounds of the license or registration holder's imprisonment following [~~incarcerated as a result of~~]:

(1) a felony conviction for: [;]

(A) an offense that directly relates to the duties and responsibilities of the licensed occupation as determined by the board;

(B) an offense listed in Article 42A.054 Code of Criminal Procedure; or

(2) a felony community supervision revocation; [~~violation of felony probation or parole; or~~]

(3) revocation of parole; or [~~revocation of mandatory supervision.~~]

(4) revocation of mandatory supervision.

(b) With the exception of the felony convictions listed in subsection (a)(1) of this section, the board shall follow the requirements of Chapter 53, Texas Occupations Code, and may revoke the license or registration of any license or registration holder on the grounds of the license or registration holder's imprisonment following a felony conviction.

(c) The board shall follow the requirements of Chapter 53, Texas Occupations Code, and shall revoke the provisional license or registration of any provisional license or registration holder if the provisional license or registration holder:

(1) commits a new offense;

(2) commits an act or omission that causes the provisional license or registration holder's community supervision, mandatory supervision, or parole to be revoke, if applicable; or

(3) violates the law or rules governing the practice of the occupation for which the provisional license or registration was issued.

(d) [~~(b)~~] The board, after it considers the factors provided in Texas Occupations Code §53.022 and §53.023, may take any of the actions set out in §139.31 of this chapter (relating to Enforcement Actions for Violations of the Acts or Board Rules) when a license or registration holder is convicted of a misdemeanor or a felony without incarceration if the crime directly relates to the license holder's duties and responsibilities as a professional engineer or professional land surveyor.

(e) [~~(c)~~] Any license or registration holder whose license or registration has been revoked under the provisions of this subsection may apply for a new license or registration upon release from incarceration, but the application shall be subject to additional scrutiny relating to the incarceration. Such scrutiny shall be in accordance with Chapter 53, Texas Occupations Code.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on October 1, 2025.

TRD-202503511

Lance Kinney

Executive Director

Texas Board of Professional Engineers and Land Surveyors

Earliest possible date of adoption: November 16, 2025

For further information, please call: (512) 440-7723

CHAPTER 140. CRIMINAL HISTORY AND CONVICTIONS

SUBCHAPTER A. CRIMINAL HISTORY AND CONVICTIONS

22 TAC §140.1, §140.3

The Texas Board of Professional Engineers and Land Surveyors (Board) proposes amendments to 22 Texas Administrative Code, Chapter 140, regarding criminal history and convictions, and specifically §§140.1, relating to Criminal History and Convictions - Engineers, and 140.3, relating to Criminal History and Convictions - Surveyors. These proposed changes are referred to as "proposed rules."

BACKGROUND AND SUMMARY

The rules under 22 Texas Administrative Code, Chapter 140 implement Texas Occupations Code, Chapter 1001, the Texas Engineering Practice Act; and Texas Occupations Code Chapter 1071, the Professional Land Surveying Practices Act. The proposed rules are necessary to implement the provisions of Senate Bill 1080, 89th Regular Session, specifically to address the method in which the Board considers criminal convictions of applicants and licensees. The proposed rules also clarify existing Board rules.

SECTION-BY-SECTION SUMMARY

The proposed rules amend §140.1 to clarify that the Board may issue a license to an applicant for a professional engineer license that is currently incarcerated. The current language in the rule states that the Board will not issue a license to an applicant that is incarcerated but changes to Texas Occupations Code, Chapter 53 that were implemented by Senate Bill 1080 allow the Board to issue a license to an incarcerated applicant. The amended rule allows the Board to evaluate applications from incarcerated individuals on a case-by-case basis rather than the current complete prohibition.

The proposed rules amend §140.3 to clarify that the Board may issue a registration or license to an applicant for land surveying that is currently incarcerated. The current language in the rule states that the Board will not issue a registration or license to an applicant that is incarcerated but changes to Texas Occupations Code, Chapter 53 that were implemented by Senate Bill 1080 allow the Board to issue a registration or license to an incarcerated applicant. The amended rule allows the Board to evaluate applications from incarcerated individuals on a case-by-case basis rather than the current complete prohibition.

FISCAL IMPACT ON STATE AND LOCAL GOVERNMENT

LOCAL EMPLOYMENT IMPACT STATEMENT

Dr. Kinney has determined that the proposed rules will not affect the local economy, so the agency is not required to prepare a local employment impact statement under Government Code §2001.022.

PUBLIC BENEFITS

Dr. Kinney has determined that for each year of the first five-year period the proposed rules are in effect, the public benefit will be clarification of rules to be consistent with updated statutes.

PROBABLE ECONOMIC COSTS TO PERSONS REQUIRED TO COMPLY WITH PROPOSAL

FISCAL IMPACT ON SMALL BUSINESSES, MICRO-BUSINESSES, AND RURAL COMMUNITIES

ONE-FOR-ONE REQUIREMENT FOR RULES WITH A FISCAL IMPACT

GOVERNMENT GROWTH IMPACT STATEMENT

1. The proposed rules do not create or eliminate a government program.

2. Implementation of the proposed rules do not require the creation of new employee positions or the elimination of existing employee positions.

3. Implementation of the proposed rules do not require an increase or decrease in future legislative appropriations to the agency.

4. The proposed rules do not require an increase or decrease in fees paid to the agency.

5. The proposed rules do not create a new regulation.

6. The proposed rules do expand an existing regulation.

7. The proposed rules do not increase the number of individuals subject to the rule's applicability.

8. The proposed rules do not positively or adversely affect this state's economy.

TAKINGS IMPACT ASSESSMENT

ENVIRONMENTAL RULE ANALYSIS

PUBLIC COMMENTS

SECTIONS AFFECTED

The proposed rules implement the following sections of the law: Texas Occupations Code §1001.272.

STATUTORY AUTHORITY

§140.1. Criminal History And Convictions - Engineers.

(a) (No change.)

(b) A person who is incarcerated because of a felony conviction may [is] not be eligible to obtain a license or renew a previously issued license under board rules or any statute governing a profession regulated by the board.

§140.3. Criminal History And Convictions - Surveyors.

(a) (No change.)

(b) A person who is incarcerated because of a felony conviction may [is] not be eligible to obtain a license or registration or renew a previously issued license or registration under board rules or any statute governing a profession regulated by the board.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on October 1, 2025.

TRD-202503512

Lance Kinney

Executive Director

Texas Board of Professional Engineers and Land Surveyors

Earliest possible date of adoption: November 16, 2025

For further information, please call: (512) 440-7723